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Obstructing a Peace Officer Lawyer

Obstructing a Peace Officer is a serious criminal offence that deals with the hindrance or frustration of a peace officer’s lawful duties.  Section 129 particularizes the three different kinds of conduct that constitute the offence.  Obstructing a Peace Officer is a hybrid offence what means the crown attorney can proceed summarily or by indictment (more serious).  The offence has a wide range of potential sentences but can result in incarceration upon conviction if the accused has a lengthy criminal record.

What is Obstructing a Peace Officer?

The Criminal Code of Canada states:
129. Every one who
(a) resists or wilfully obstructs a public officer or peace officer in the execution of his duty or any person lawfully acting in aid of such an officer,
(b) omits, without reasonable excuse, to assist a public officer or peace officer in the execution of his duty in arresting a person or in preserving the peace, after having reasonable notice that he is required to do so, or
(c) resists or wilfully obstructs any person in the lawful execution of a process against lands or goods or in making a lawful distress or seizure,
is guilty

The crown attorney must prove that the complainant was in fact a peace officer, that the officer was engaged in his/her lawful duties at the time, the accused knew the complainant was a peace officer (police uniform) and that the accused wilfully obstructed the officer.  Lying to the police or providing a false name may constitute Obstructing a Peace Officer if the complainant was in the lawful execution of his/her duties.  If an officer makes an unlawful arrest, or is acting in a manner which infringes your Charter rights, you may have a defence to this charge.

What is the Punishment for Assaulting a Peace Officer?

Punishment
(d) an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(e) an offence punishable on summary conviction (maximum $5,000 fine and/or 6 months in jail).

Michael P. Juskey provides strong and effective representation for Obstructing a Peace Officer charges.  Call 416-428-2760 to reach him directly

You May Be Wondering:
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What Happens on my First Appearance?
What is Disclosure in a Criminal Case?
What is a Crown Pre-Trial?
What is a Judicial Pre-Trial?
How Does a Criminal Trial Work? 

Michael P. Juskey is a Toronto Obstructing Peace Officer Lawyer that can help you avoid jail and a criminal record.  Click here to schedule a free consultation.

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