Obstructing a Peace Officer

Obstructing a peace officer is a criminal offence that undermines the administration of law and justice. This offence, outlined in section 129 of the Criminal Code, involves actions that impede, resist, or willfully obstruct public or peace officers in the execution of their duties. This can include providing false information or physically hindering an officer from performing lawful actions in the course of their duties.

Obstructing a Peace Officer: Criminal Code Definition

Section 129 of the Criminal Code outlines the offence and describes the elements that constitute obstruction of a peace officer. It identifies three main scenarios:

  • Resisting or willfully obstructing a public officer or peace officer in their duty or anyone lawfully aiding them.
  • Omitting, without reasonable excuse, to assist a public officer or peace officer in executing their duty when required.
  • Resisting or willfully obstructing any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure.

Have you been charged with Obstructing a Peace Officer? Contact us at (306) 994-9522 for a free consultation with a criminal lawyer.

Potential Penalties for Obstructing a Peace Officer

Obstructing a peace officer is a hybrid offence, meaning the prosecution can choose to proceed summarily or by indictment. This flexibility allows for varying degrees of seriousness to be attributed to the offence, influencing potential penalties and legal processes.

Obstructing a Peace Officer Summary Conviction Penalties:

Maximum of 2 years less a day imprisonment and/or a $5,000 fine.

Obstructing a Peace Officer Indictable Conviction Penalties:

Up to 2 years imprisonment.

There are no minimum penalties for Obstructing a Peace Officer, providing courts with discretion in sentencing based on the circumstances and severity of the obstruction.

Dispositions Available for Obstructing a Peace Officer

Summary Dispositions for Obstructing a Peace Officer

  • Discharge (absolute or conditional) 
  • Suspended Sentence
  • Fine
  • Fine + Probation
  • Jail
  • Jail + Probation
  • Jail + Fine
  • Conditional Sentence

Indictable convictions for Obstructing a Peace Officer are subject to the same dispositions as summary convictions.

Are you facing Obstructing a Peace Officer charges? Dial (306) 994-9522 to receive a free consultation with a criminal lawyer. 

Potential Defences Against Obstructing a Peace Officer Charges

Defending against a charge of obstructing a peace officer requires a nuanced understanding of the law, including proving the officer was in the lawful execution of their duty and that the accused's actions constituted a willful obstruction. Legal strategies might focus on demonstrating the absence of intent to obstruct, the lawfulness of the accused's actions, or the officer's lack of lawful authority in the situation.

Call (306) 994-9522 to discuss your options and the defences available to your obstructing a peace officer charge. 

Don’t Face Your Obstructing a Peace Officer Charge Alone

An experienced criminal defence lawyer is essential when facing an obstructing a peace officer charge. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your specific case.

Need a Criminal Lawyer? Get a Free Legal Consultation With Nicholas Robinson, Criminal Lawyer

Don't hesitate to reach out to us if you have been charged with obstructing a peace officer. Call (306) 994-9522 and a skilled criminal defence lawyer will discuss your case with you and explore your options.

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