When Can I Be Convicted of Obstruction of Justice?
Obstruction of justice is not one single crime under California state law. However, that does not mean you can obstruct justice and get away with it. There are a variety of separate crimes that all fall under the umbrella of obstruction of justice. These range from misdemeanors to felonies, but all of them can land you behind bars. If you are under criminal investigation, you should understand what conduct is illegal.
Crimes Involving Evidence
The first category of obstruction of justice crimes is those that involve evidence. When you are under an investigation or being tried for a crime, there are rules you must follow. The preservation and handling of physical evidence are vital to investigators. Any attempts to thwart an ongoing investigation through mishandling of evidence can lead to charges.
The first charge available is for destroying evidence. This charge covers shredding or burning documents that you are aware will be needed for an official proceeding. It can also be used against someone who hides evidence so that investigators cannot access it.
Next, you can face charges for preparing false evidence. You cannot alter or change physical evidence in an attempt to mislead an investigation by presenting yourself in a better light. For example, it is illegal to change the date on a memorandum that will be given to law enforcement. These charges are often accompanied by accusations of forgery.
The third obstruction of justice crime available is offering false evidence. This prevents you from knowingly producing physical evidence that is forged or fraudulent. Changing the evidence is the crime of preparing, while actually turning over false evidence is a different offense. It is criminal to offer false evidence at any official trial, inquiry, investigation, or proceeding.
Destroying evidence is a misdemeanor that can lead to up to six months in county jail. Preparing or offering false evidence are felonies that carry terms of up to three years in state prison and $10,000 fines.
Be aware that all the above crimes deal specifically with physical evidence. Lying or offering false non-physical evidence to an official proceeding is the separate crime of perjury.
Tampering With or Intimidating Witnesses
Another crime that falls under the umbrella of obstruction of justice is witness intimidation. It is illegal to knowingly and maliciously attempt to prevent or actually dissuade a witness or victim from appearing, attending, or testifying at a proceeding or trial.
Witness tampering is a misdemeanor that carries a sentence of up to a year in county jail. However, if you use force or the threat of force to intimidate the witness, the crime is a felony. It is also a felony if you have done it before, or it furthers a criminal conspiracy. Felony witness intimidation has penalties of up to four years in state prison and $10,000 in fines.
Obstructing Law Enforcement Officers
The final obstruction of justice crime in California is resisting or delaying a police officer or emergency medical technician’s official duties. While resisting arrest is a different crime, obstructing a police officer can be committed by preventing them from doing their job. For example, this could occur by preventing a police car from reaching the scene of a crime.
Obstructing a law enforcement officer is a misdemeanor. The penalties include up to a year in county jail and a $1,000 fine. This charge is often used during protests, riots, or other crowd control incidents, and can be abused by the police.
Under investigation for obstruction of justice in Anaheim, California? You will need a skilled criminal defense team to help you navigate the complicated laws and protect your rights. Contact Chambers Law Firm at 714-760-4088 or dchambers@clfca.com today to set up a free initial consultation with one of our experienced attorneys.
