A Georgia man is facing twelve difference charges after allegedly attempting to run a Cobb County officer over with his vehicle. Rasheed Jakes ended up hitting the officer's car instead of the officer which escalated the initial traffic stop.
According to reports, officers pulled him over after finding an active and unrelated warrant for his arrest. The arresting officer allegedly ordered him to stop but he drove forward almost hitting the officer. This led to a search of his car where they found a firearm, MDMA, methamphetamine, and marijuana.
Jakes is facing numerous drug possession charges as well as charges for resisting arrest - otherwise known as obstruction.
Obstruction in Georgia
Georgia Law defines obstruction of a law enforcement officer in Georgia in O.C.G.A. §16-10-24 by dividing the offense into a misdemeanor version (a) and a felony version (b).
(a) Except as otherwise provided in subsection (b) of this Code section, a person who knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties is guilty of a misdemeanor.
(b) Whoever knowingly and willfully resists, obstructs, or opposes any law enforcement officer, prison guard, correctional officer, probation supervisor, parole supervisor, or conservation ranger in the lawful discharge of his official duties by offering or doing violence to the person of such officer or legally authorized person is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.
A conviction for misdemeanor obstruction can result in a 12 month maximum sentence. It is also punishable by a $1000 fine, community service, anger management classes, and anything else allowed under the misdemeanor sentencing laws of Georgia.
A conviction for felony obstruction can result in a sentence of between 1 and 5 years in prison. It can also be punished with community service and anger management classes. The fines can be in the thousands of dollars.
Also worth noting, the obstruction statute considers a law enforcement officer to be a probation officer, parole officer, park ranger, or prison guard in addition to a regular police officer.
Practice Note
Typically an obstruction charge stems from a person running when confronted by police. Bottom line - if the officer had a legitimate reason for stopping or questioning you, you cannot flee or otherwise hinder his investigation. Resisting arrest, lying or giving false information to a police officer, pushing or shoving an officer - all of these are acts that can result in a charge for Obstruction in Georgia.
If you or a loved one has been arrested, contact our offices today. A Georgia DUI Attorney can help you with your case as being experts in DUI Defense, we handle all types of cases that relate including obstruction cases.
Comments
There are no comments for this post. Be the first and Add your Comment below.
Leave a Comment