What Is Obstruction Of Justice?
Obstruction of justice is a crime that involves interfering with the proper administration of law and justice. Obstruction of justice is a broad concept that can manifest itself in criminal or civil law violations. It’s a serious crime, typically considered a felony and punishable due to the overall degree of criminal intent involved in a given case.
Types of Obstruction of Justice
Broadly speaking, obstruction of justice is broken down into two distinct categories– misdemeanors and felonies. The offenses that would constitute a misdemeanor obstruction of justice vary depending on local or state laws, but generally include attempting or successfully obstructing proceedings in a court or other judicial contexts, interfering with the apprehension or prosecution of criminals, and preventing or influencing witnesses or victims to give or withhold testimony in a criminal trial.
Misdemeanor Obstruction of Justice
Misdemeanor-level obstruction of justice charges are generally brought when someone interferes with some aspect of the judicial process, but there is no life or property at risk. Typical misdemeanor obstruction of justice charges include:
• Destruction or alteration of evidence in a criminal case
• Retaliation against law enforcement or court officials for their performance of their duties
• Providing false information or documents to law enforcement or other judicial entities
• Entering a restricted area, such as a courtroom or courthouse, with the intent to disrupt the proceedings
Felony Obstruction of Justice
Felony-level obstruction of justice charges involve attempts to interfere with a criminal case that pose a greater threat to life and/or property. These offenses can include:
• Tampering or influencing potential witnesses or jurors in a criminal case
• Interfering with a continuing investigation or other police activity
• Harassing or intimidating victims or witnesses to a crime
• Impersonating police or other law enforcement officials
Other Forms of Obstruction of Justice
In addition to criminal obstruction of justice, there are other forms of obstruction of justice in civil cases, such as bankruptcy fraud or interference with the administration of a civil case. For example, someone who has been involved in a civil case may try to influence a judge, jury, or witness with bribes, threats, or otherwise interfering with the proceedings.
Penalties for Obstruction of Justice
The penalties for obstruction of justice can range from a fine or minimal jail time for misdemeanor obstruction of justice offenses to lengthy prison sentences for felony obstruction. Depending on the seriousness of the offense, the accused can be sentenced to a term of imprisonment ranging from just a few months to several years.
Defending Against Obstruction of Justice Charges
The defense against obstruction of justice charges typically involves challenging the proof of intent. It is not enough for a prosecutor to prove that a person was involved in an act; they must also prove that the act was done with the intent to interfere with justice or a judicial proceeding. To prove intent, the prosecution must present evidence of a person’s actions and the surrounding circumstances.
An experienced criminal defense attorney can build a strong defense to counter the charges. An experienced attorney may be able to reduce or dismiss your obstructing justice charges if they can identify weaknesses in the prosecution’s case or legal errors that occurred while the case was proceeding in court.
Obstruction of justice is a serious legal crime that carries substantial legal and financial penalties. It’s important to understand what constitutes an obstruction of justice so that, if someone ever finds themselves facing these charges, they can be best prepared to defend themselves in court. With the help of an experienced criminal defense attorney, a person accused of obstruction of justice may have a better chance of having the charges dismissed or reduced.
