Having a run in with a police officer in Oklahoma City can often escalate quickly, especially if either party is hostile or even just rude to the other person.
If things escalate enough, law enforcement authorities may charge you with obstructing an officer in Oklahoma. If this happens, you will be charged with a misdemeanor crime and will have to answer for this charge in court before a judge.
FAQ: Obstructing an Officer in Oklahoma
Under Oklahoma law, it is illegal to “willfully delaying or obstructing any public officer in the discharge of his duties.”
This is very broad and can encompass almost anything an officer can argue interferes with his ability to investigate or arrest a person. In fact, it is not even required that you physically interfere with an officer.
Words are enough and giving false information may constitute the crime of obstructing an officer in Oklahoma City.
(Ok. Stat. Tit. 21 Sec. 540)
The Conviction Process
An Oklahoma City prosecutor must carry the burden of proving that you are guilty of this crime beyond a reasonable doubt. This means he has to prove each and every one of the following facts were true:
First, that the defendant acted willfully and;
Second, delayed/obstructed;
Third, a public officer;
Fourth, known by the defendant to be an officer;
Fifth, in the discharge of any duty of his/her office.
Therefore, if a defendant accidentally interfered with a police investigation, or did not know an undercover person was actually an officer, the prosecutor cannot win his case against you. Or, if the officer was merely taking a quick lunch break at the time of the alleged obstruction, the state’s case will fail.
Or, if a defendant’s behavior did not actually delay or obstruct an officer, then he may have the charges against him dismissed.
Penalties for Obstructing an Officer in Oklahoma
If convicted of obstructing an officer in Oklahoma, the defendant will be convicted of a misdemeanor crime and can face up to one year in jail.
Initial Consultation: Oklahoma City Misdemeanor Attorney
Nobody likes getting in trouble with the law, but if you are accused of obstructing an officer in Oklahoma, your life can go from bad to worse. That’s why it’s important that you contact an experienced Oklahoma City criminal defense attorney right away. He or she can either have the charges dropped, or negotiate a lesser penalty on your behalf.
If you’ve been charged with obstructing an officer in Oklahoma, reach out to the Criminal Defense Law Office of Oklahoma City at (405) 588-4529 (588-4LAW). If you prefer, send your question directly to an Oklahoma City misdemeanor attorney by using the contact form at the top right side of this page.