Top Malverne, NY Obstruction of Justice Lawyers Near You

What Does Obstruction of Justice Mean?

Obstruction of justice typically refers to an act involving the impediment of due process involving the law. Obstruction of justice occurs whenever an individual influences and/or impedes, by the threat of force or corruption, the due administration of justice. The federal statute generally applies to obstruction taking place in federal courtrooms as well as any testimonies delivered before Congress or to a federal agency.

Obstruction of justice can also involve a direct assault on a process server, picketing or parading in order to block a venue in which the carriage of justice is to take place, as well as a variety of other offenses.

Is Obstruction of Justice a Federal Crime?

Obstruction of justice is a federal crime that can be prosecuted at the federal level. If you are found guilty of obstruction of justice in federal court, you could face a penalty of up to 30 years. This penalty can be enhanced to meet the same penalty for federal charges of homicide if a witness is killed by the offender attempting to obstruct lawful proceedings.

You could face a 10-year sentence for tampering with or destruction of corporate audit records under the scrutiny of the SEC, as well as for retaliating against a judge or law enforcement officer by using false claims or slander to place a lien against their real or personal property.

Obstruction of justice charges can also be filed in state courts. While an official umbrella term of “obstruction of justice” charges may not be applicable in some states, a variety of charges such as offering false evidence, preparing false evidence, destroying evidence, tampering with or intimidating witnesses and resisting or obstructing a police officer are similar in concept.

Punishment for obstruction of justice at the state level varies greatly, not only in terms of jurisdictional allowances but also considering the severity of the alleged offenses but vary from about six months for misdemeanor obstruction-related crimes all the way up to 10 or 20 years behind bars for the most severe incidents.

Is Obstruction of Justice a Felony?

Obstruction of justice can either be classified as a misdemeanor or as a felony. While resisting arrest without violence (say, by fleeing) can be classified as a misdemeanor in some states, it is automatically classified as a felony in almost all states whenever a deadly weapon becomes involved in the resistance of arrest.

Witness tampering — particularly any degree of witness tampering involving threats of, or actual, violence — typically results in felony charges for the offender responsible for the act, as does any evidence of bribery of public officials involved in the case (be it the judge, arresting officer, etc.).

Is There a Statute of Limitations on Obstruction of Justice?

The statute of limitations regarding charges related to obstruction of justice can be greatly dependent on the form the obstruction takes. Any instance of obstruction related to serious violent crimes, sexual crimes (particularly those involving minors) and homicide may not have any statute of limitations placed on it at either the state or federal level.

Speaking more broadly, however, the statute of limitations for obstruction charges is typically five years in federal court, and six years in state courts. The statute of limitations begins on the day the alleged act was committed, running time from that point onward.

Are You Facing Obstruction of Justice Charges?

If you are facing obstruction of justice charges, you are at risk of severe penalties, including fines and time in prison. You will benefit from hiring a skilled obstruction of justice attorney who will evaluate your case and help build your defense.

Defending Against Obstruction of Justice Charges

There are several ways you can be convicted of obstruction of justice. When an individual interferes with the judicial system, law enforcement or regulatory agencies through making bribes, threats, as well as tampering with or destroying evidence, they will more than likely be punished for those acts. An obstruction of justice attorney will protect your rights and help challenge the introduction of certain evidence if you go to trial.

Can You Beat an Obstruction of Justice Charge?

It is possible to beat charges related to obstruction of justice, largely depending on your legal defense team, the strength of the prosecution (and the evidence they have collected) and the particulars of your case and criminal history.

For these reasons, it is strongly suggested that you retain the services of a skilled criminal defense lawyer at your earliest opportunity. Not only can experienced legal counsel meet with you to go over the options available such as going to trial or attempting a plea bargain, but attorney-client privilege protects your conversations, allowing you to discuss the matter in private.