Obstruction of An Officer In Georgia
A person commits the offense of felony obstruction of a law enforcement officer when he "knowingly and willfully resists, obstructs, or opposes any law enforcement officer . . . in the lawful discharge of his official duties by offering or doing violence to the person of such officer. . . ." O.C.G.A. 16-10-24 (b); Jackson v. State, 213 Ga. App. 520 at 520-521 (444 S.E.2d 875) (1994).
Here, although the defendant's testimony deviated significantly from the officers', such differences were matters for the jury to resolve. Taylor v. State, 231 Ga. App. 73, 74 (1) (498 S.E.2d 552) (1998).
A person being arrested, even though the arrest itself is lawful, has the right to resist the use of excessive and unlawful force by those making the arrest to the extent that the person reasonably believes that the degree of resistance used is necessary to defend against the officer's use of unlawful or excessive force.
In resisting, the person being arrested would not be authorized to use force which is unlawful or disproportionate to the amount of force necessary to prevent the unlawful force being used against the person.