Legal Representation for Pittsgburg County, OklahomaWhat Constitutes Obstructing an Officer in Oklahoma?

obstructing an officer in OklahomaNo one wants to get into trouble with the police. It can be a scary thing to be arrested and charged with a crime.

McAlester, Oklahoma treats the law and criminals seriously, especially those who refuse to cooperate with law enforcement officials when confronted. Obstructing an officer in Oklahoma is a serious crime.

Obstructing an Officer in Oklahoma

Because the state of Oklahoma treats the law seriously, it gives wide berth to law enforcement in carrying out its duties. The law states that anyone who intentionally delays or obstructs a police officer in the discharge of his or her duties is guilty of obstructing an officer. (Okla. Stat. tit. 21 § 540)

This is a broadly written statute and the broader the statute, the more situations it can encompass. Almost anything that interferes with an officer’s ability to investigate a crime or conduct an arrest may be considered obstructing an officer in Oklahoma.

For example, lying to a police officer, withholding evidence from an officer, and resisting arrest could all be chargeable as obstruction.

Defenses

All elements of the crime must be proved by the prosecution in order for the prosecution to secure a conviction. One of the key elements that the prosecution must prove is that the obstruction was intentional. It must be done on purpose for there to be a crime.

If the alleged delay or interference happens accidentally, there is no chargeable crime. In addition, the officer must be involved in his or her official duties at the time of the delay or interference. If the officer is off duty or otherwise not engaged in official duties, an acquittal is possible.

Penalties

Obstructing an officer in Oklahoma is a misdemeanor crime. Since the statute does not specify a sentence, the general sentence limits apply. If convicted, you could face up to a $500 fine and/or up to one year in jail.

Free Consultation: McAlester Criminal Defense Attorney

If you or someone you know has been accused of obstructing an officer in Oklahoma, please contact a McAlester criminal defense attorney to discuss your available legal options.

Consult with an experienced attorney at the Wirth Law Office – McAlester today, by calling 918-302-9656.

If you prefer, you can use the box in the upper right-hand corner of this page to send a question or brief message.

Bookmark and Share