Christy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Written By Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Christy Bieber, J.D. ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has.
Contributor Jeffrey Johnson, J.D. Deputy Legal EditorJeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
Jeffrey Johnson, J.D. Deputy Legal EditorJeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
Jeffrey Johnson, J.D. Deputy Legal EditorJeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
Jeffrey Johnson, J.D. Deputy Legal EditorJeffrey Johnson has written novels and movies in addition to legal analyses of eminent domain and immigration law. His experience in writing engaging fiction makes him uniquely capable of making the most dry and academic legal topics interesting (or.
| Deputy Legal Editor
Updated: May 23, 2024, 2:18pm
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Obstruction of justice involves behaviors or actions that interfere in some way with the operation of the legal system or with law and order in the United States. It’s a crime on both the state and federal levels, and it can have serious consequences.
This guide explains more about this offense, including when you could be charged and your defenses if you’re accused of committing obstruction of justice.
According to a report prepared by the Congressional Research Service, “obstruction of justice is the impediment of government activities” or “the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit.”
In most cases, this crime involves one of the following:
Criminal Compliance & Investigations
Prosecution & Dispute Resolution
From Participating PartnersObstructing justice is illegal on federal and state levels, with individual states establishing their own legal definitions of offenses and penalties.
In most cases, there is not a general statute that simply prohibits obstruction of justice. Instead, there are laws prohibiting specific behaviors that interfere with the operation of law enforcement, government officials or legal proceedings.
For example, under Pennsylvania law, there are regulations prohibiting actions including but not limited to:
The laws prohibit a series of separate offenses because simply prohibiting “obstruction” is too vague to be enforceable. The law must clearly define what kinds of behaviors are considered criminal. This is also why there’s no blanket law prohibiting “violence,” but rather many separate statutes defining different violent offenses and imposing penalties for them.
While the term obstruction of justice is a broad term that relates to a group of offenses, ultimately, they all have some common traits. Understanding those common traits makes the meaning of this offense clear.
As Black’s Law Dictionary explains, obstruction of justice is any “interference with the orderly administration of law and justice.”
Federal and state laws prohibit many types of behavior that interfere with law enforcement or legal proceedings. Here are some of the most common types.
Using corruption, threats, force or any threatening communication to intimidate jurors or court officers is illegal under 18 U.S. Code Section 1503. So is causing harm to jurors or court officials.
18 U.S. Code Section 1504 also prohibits using written communication to attempt to influence the actions or decisions of any jurors.
This offense is often called jury tampering.
18 U.S. Code section 1512 prohibits witness tampering, including using force, threats, corruption or intimidation to prevent witnesses from talking with law enforcement or producing evidence.
It also prohibits the actual or attempted destruction or concealment of evidence and makes it illegal to harass witnesses to prevent evidence from being produced.
A different statute, U.S. Code Section 1513, prohibits retaliation against witnesses, victims or informants.
Under 18 U.S. Code Section 1510, willfully using bribery to obstruct, delay or prevent information about a crime from being reported to a criminal investigator is illegal. Officers of financial institutions who provide notice to others about subpoenas with the intent to obstruct judicial proceedings are also guilty of a crime under this statute.
Federal and state laws also prohibit a variety of other behaviors that fall broadly under the category of obstruction of justice. These may include, but are not limited to:
Perjury is another criminal offense that arises from improper behavior when interacting with the criminal justice system. But there are differences.
Perjury involves knowingly making a false statement that’s material (relevant) to legal proceedings while under oath. On the other hand, obstruction of justice is a broad term that encompasses a variety of unlawful behaviors, including altering court records, recording jury deliberations or intimidating witnesses.
Obstruction of justice is illegal both on the state and federal levels. Most states prohibit similar behaviors, such as interfering with a police investigation or court proceedings, intimidating witnesses or tampering with a jury.
However, there is variation in the exact definition of each offense and the penalty imposed. For example, under Virginia Statute 18.2-460, the crime of resisting arrest is classified as a class one misdemeanor, and it carries a potential penalty of up to 12 months of jail time and a maximum fine of $2,500. However, in Mississippi, resisting arrest is a class one misdemeanor with a penalty of up to six months imprisonment and a fine of up to $500.
Because the laws vary by location, it’s best to talk with an experienced criminal defense lawyer where you live. Your attorney can help you understand the potential consequences of obstruction of justice and develop a strategy for responding to charges.
If you are accused of obstruction of justice, you are considered innocent until proven guilty, and you have the right to defend yourself against the charges. Here are a few common defenses you could raise.
A prosecutor has the burden of proving beyond a reasonable doubt that you are guilty of obstruction of justice. This means they must prove every element of the offense.
For example, if witness tampering is defined as using physical force—or the threat of it—with the intent to influence, delay or prevent witness testimony, the prosecutor would have to show that:
You do not have to prove you were innocent to avoid conviction. You shouldn’t be convicted as long as you can show the prosecutor didn’t satisfy their obligation to prove each element of the crime.
The First Amendment protects your right to free speech and peacefully assemble. If the behavior you are accused of falls within the First Amendment’s protections, you can defend against the charges on the grounds that you were exercising your constitutional rights.
Finally, you can argue that the behavior you are accused of did not violate the law you’re being charged with.
Criminal Compliance & Investigations
Prosecution & Dispute Resolution
From Participating PartnersPunishments for obstruction vary depending on whether you are being charged under state or federal law and the specific crime you are accused of. Potential consequences could include:
Some obstruction offenses come with much more serious penalties than others. For example, while resisting arrest on the state level is usually a misdemeanor that leads to a year or less of imprisonment if convicted, attempting to murder a witness in a federal criminal case could result in 30 years of imprisonment.
Any time you interfere with the lawful administration of justice or prevent government agencies or law enforcement officials from carrying out their duties, this can be considered obstruction of justice.
There’s not just one law that broadly prohibits obstruction. Instead, there are a series of separate offenses on the state and federal levels, such as the crime of witness tampering or jury tampering. Penalties vary depending on the specific crime. For example, states usually punish resisting arrest as a misdemeanor offense with a potential sentence of imprisonment for a year or less. However, attempting to kill a witness to prevent their testimony would usually be a felony offense that carries a lengthy prison sentence with decades of potential imprisonment.
There are many examples of obstruction, including interfering with the ability of police to make a lawful arrest, attempting to intimidate jurors using threats or force or picketing near a courthouse to try to prevent legal proceedings from continuing.
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ContributorChristy Bieber has a JD from UCLA School of Law and began her career as a college instructor and textbook author. She has been writing full time for over a decade with a focus on making financial and legal topics understandable and fun. Her work has appeared on Forbes, CNN Underscored Money, Investopedia, Credit Karma, The Balance, USA Today, and Yahoo Finance, among others.
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