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 doubt: 

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 authority;

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 with obstructing. 

Call Madison obstructing lawyer Robert T. Ruth at 608-257-2540 for a free consultation if you need an obstructing defense lawyer in Wisconsin.