Police Assault Defense Lawyer in Georgia | Legal.ge

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Is arguing with police a crime?

Arguing itself is not a crime, but aggressive behavior, insults, or refusal to comply with orders can be charged as administrative disobedience or criminal resistance.

Can I film the police?

Yes, citizens have the right to film police officers in public places, as long as they do not physically interfere with police duties.

What if the police didn't have body cams on?

The absence of footage can be argued in your favor, suggesting a lack of evidence or potential misconduct, though officer testimony is still weighty.

Is touching an officer assault?

Depending on context, even minor physical contact (pushing, grabbing a hand) can be interpreted as violence or assault under Article 353.

Assault on Police Officer Defense (Article 353): Protecting Your Rights

Assaulting or resisting a guardian of public order or other government representative is strictly punished under Georgian law. Article 353 of the Criminal Code regulates liability for resistance, threats, or violence against a police officer or other public official. Often, these charges arise from misunderstandings or conflicts during an arrest, where a citizen's emotional reaction is perceived by law enforcement as resistance. The charge can be aggravated if there was group action or use of weapons. In practice, police testimony is often the only evidence, complicating the case. Therefore, involving a qualified lawyer is essential to objectively assess whether the police officer's demand was lawful and whether the citizen exceeded the limits of self-defense.

Legal.ge offers lawyers specializing in incidents involving the police. Our experts will help you obtain video recordings, interview witnesses, and establish the truth.

What Does Police Assault Defense Service Cover?

The lawyer's service focuses on establishing facts and refuting charges:

Checking Legality of Police Actions: Analyzing whether the officer had the right to perform a specific action (e.g., arrest). Resisting an unlawful order is not a crime.
Requesting Body Cam Footage: Obtaining recordings from police body cameras and external surveillance cameras to reconstruct the real picture of the incident.
Self-Preservation vs. Intentional Resistance: Psychological and legal assessment of whether the action was a reflex reaction to pain or fear.
Forensic Medical Expertise: Documenting injuries on the accused to prove excessive force by the police.
Reclassification: Fighting to reclassify the charge to an administrative offense (Article 173 - Disobedience to lawful police order), which does not result in a criminal record.

Common Scenarios

Charges often relate to:

Arrest Process: Resisting being handcuffed.
Protests and Demonstrations: Clashes with police during mass events.
Traffic Stops: Conflicts between drivers and patrol police.
Domestic Dispute Calls: Police intervention in family disputes leading to emotional confrontations.

Georgian Legal Framework

Article 353 of the Criminal Code provides for punishment for resistance, threats, or violence against a guardian of public order. The sentence ranges from a fine to imprisonment for 2 to 5 years. If committed by a group, the sentence is 4 to 7 years. Even stricter is Article 353^1 (Assault on a police officer), which carries 4 to 7 years, and in aggravating circumstances, 7 to 20 years or life imprisonment. It is important to distinguish between a criminal offense and administrative disobedience.

Steps in the Process with a Specialist

Working with a lawyer involves:

Securing Evidence: Quickly requesting video footage before it is deleted.
Witnesses: Finding neutral eyewitnesses.
Medical Examination: Documenting physical injuries.
Court: Presenting the defense strategy and cross-examining police officers.

Why Legal.ge?

Confronting the police is a difficult legal battle, as the system often protects its own. Legal.ge connects you with independent and courageous lawyers who will not be intimidated by the system and will defend the truth. Find your defender and restore justice.