Obstructing a police officer in Tulsa, Oklahoma is a serious crime. The law forbids preventing police officers from discharging their duties by refusing to cooperate with them or by delaying them.
Any actions that frustrate law enforcement officers in the performance of their duties are punished harshly. However, a person can record a law enforcement officer as they goes about their work.
Resisting arrest, lying to a law enforcement officer, and hiding evidence can all constitute obstruction.
Facts About Obstructing a Police Officer in Tulsa
Here are three essential things to know about obstructing a law enforcement officer while he or she is in the performance of his or her duties.
1. The state of Oklahoma gives law enforcement officers wide berth in discharging their duties. A person who delays a law enforcement officer or obstructs them in the performance of their duties could be found guilty under this statute. Okla. Stat. tit. 21 § 540
The law is broadly written and covers all activities that interfere with an officer’s ability to make an arrest or investigate a crime.
2. The prosecution must prove the following elements for a defendant to be found guilty of obstruction of a police officer in the performance of his or her duties.
The defendant must be found to have:
- willfully
- delayed or obstructed a public officer
- known to the defendant to be a public officer
- in the discharge of any duties of his or her office.
The defendant need not have used physical force to be found guilty of this crime.
3. Obstructing an officer is a misdemeanor in Tulsa.
The statute that describes this crime does not specify the penalties if a defendant gets convicted. Hence, general sentence limits are applied. Thus, a defendant convicted of obstructing an officer faces up to a year in jail, a fine of up to $500, or both.
Possible Defenses
The prosecution must prove all the elements of this crime to obtain a conviction. One element the prosecution must prove is that the obstruction was intentional. If the delay or interference can be shown to have been accidental, then there could be an acquittal.
Another element that the prosecution must prove is that the officer was obstructed when performing his or her official duties. If the defendant can show that the officer was off duty, the case against him or her could be thrown out.
Are you facing charges for obstructing a police officer? Get the help of an experienced Tulsa criminal attorney immediately. Our lawyers are experienced and can stand up for you to improve your chances of getting a favorable outcome in your case.
Do not cut a deal with the prosecution before you talk to your lawyer. Law enforcement works to have a solid case against you. Let our lawyers help you retain your freedom. Getting sent to prison reflects poorly on your record and could severely dent your image when you leave jail. Don’t take chances and face the strict Oklahoma authorities alone.
Free Consultation: Tulsa Misdemeanor Defense Lawyer
When you are facing charges of any kind, it is always better to do it with the help of an experienced criminal defense attorney. Options are available to you. Call for a free consultation with an experienced to discuss your available legal options.
Call the Tulsa Criminal Defense Law Firm at 918-756-9600.
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