If someone is charged with resisting or obstructing an officer in Wisconsin, this means he or she is accused of interfering with a law enforcement agent’s attempt to make an arrest.
Let’s break down this definition according to Wisconsin law:
Obstructs: “knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.”
Officer: “a peace officer or other public officer or public employee having the authority by virtue of the officer’s or employee’s office or employment to take another into custody.”
If convicted, the accused is guilty of a Class H felony if:
- He or she knowingly gives false information or places physical evidence with intent to mislead an officer.
- This false information or physical evidence is presented as truth in a court of law and/or leads to the conviction of an innocent person.
- The individual flees or hides from an officer.
Silence and/or refusal to provide one’s name are not sufficient grounds for obstruction.
It’s important to note that, in order to be found guilty, it must be proven that the accused knew the officer was acting under official, lawful authority during the alleged resisted/obstructed arrest. It also has to be proven that the individual made false statements with full knowledge and intention opposed to a good-faith attempt to defend against the accusations of a crime.
An experienced Wisconsin Criminal Defense Attorney can examine every angle of your case to defend your rights and keep you out of jail.
Call the Waukesha-based attorneys of Huppertz & Powers, S.C. today for a free consultation about Obstructing an Officer in Wisconsin by calling 262-549-5979, filling out our criminal defense intake form, or by sending us an email.