Madison WI Obstructing Defense Attorney Lawyer
The charge of obstructing in
Wisconsin is found in the same statute as resisting arrest. The
misdemeanor ticket is often written up as “Resisting/Obstructing an
Officer.” Obstructing under Wis. Stat 946.41(1) is a Class A
misdemeanor in Wisconsin, punishable by up to 9 months jail and a
$10,000 fine. Under certain circumstances, obstructing can be a
felony. To prove the criminal charge of misdemeanor obstructing an
officer, the state needs to prove the following beyond a reasonable
That the defendant obstructed an
officer. Obstruct is defined in the Wis. Statutes as conduct of the
defendant that prevents or makes more difficult the performance of
the officer’s duties.
The officer was doing an act in an
official capacity; in other words, an act that the officer is
employed to perform;
The officer was acting with lawful
The defendant knew that the officer
was an officer acting in an official capacity and with lawful
authority and the defendant knew that his or her conduct would
obstruct the officer.
Giving false information, like giving
a false name when contacted by police, is a common circumstance for
an obstructing charge. Refusing to answers questions by the police,
by itself, is not obstructing under Wisconsin law. That is one
reason why it is better to simply decline to answer questions,
rather than to provide false information.
There is much more to the criminal
charge of obstructing than the obstruction, however. That is why it
pays to have a criminal lawyer review your case if you are charged
obstructing lawyer Robert T. Ruth at 608-257-2540 for a free
consultation if you need an obstructing defense lawyer in Wisconsin.