What Does It Mean To Obstruct Justice?

You’ve heard it on every crime procedural: A detective or officer of the law threatens a witness with “obstruction of justice” if they don’t cough up some crucial piece of information.

And while it may seem like the only way to obstruct justice is to keep an important morsel of intel away from a hard-working beat cop, the truth is that an obstruction charge can actually be quite a bit more complicated—and the prosecution and defense can be quite a bit more murky.

What, Exactly, Is Obstruction of Justice?

Defined in the in the omnibus clause of 18 U.S.C. § 1503, a person may be found guilty of obstruction of justice if they “corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice.”

Obstruction is a catch-all term, which may be further clarified based on the behavior of the defendant. Typically for the purpose of interfering with or disrupting the judicial process, obstruction may refer to behavior or actions which hinder the collection of evidence, the process of a trial, or any other piece of a criminal proceeding.

However, an obstruction charge is not always defined by use of force or threats. A person may be found guilty of obstructing justice if they’re found to employ “misleading conduct.”

The Ohio State Bar Association clarifies “misleading conduct” as such:

"Misleading conduct" may consist of deliberate lies or "material omissions" (leaving out facts which are crucial to a case). It may also include knowingly submitting or inviting a judge or jury to rely on false or misleading physical evidence, such as documents, maps, photographs or other objects. Any other "trick, scheme, or device with intent to mislead" may constitute a "misleading conduct" form of obstruction.

Purposefully giving false information, then, or knowingly aiding a suspect may be considered obstruction.

Obstructing Whose Justice? State vs. Federal

The aforementioned definition of obstruction of justice is solely related to the obstruction at the federal level; local governments may define and prosecute obstruction differently.

Here in Washington State, it’s fairly clear under RCW 9A.76.020:

(1) A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

(2) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW  10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

Obstruction of an officer is a separate charge from many other kinds of instruction, including intimidating an officer, harming a police dog or horse, or rendering a criminal assistance.

Under the law, obstructing a law enforcement officer with their work is a gross misdemeanor. That means the maximum penalty is a fine of $10,000 and a year in jail. However, most obstruction charges are dismissed; they can be as simple as asking too many questions of an officer or more serious, like refusing to comply with an investigation. If you are found guilty of obstruction in Washington State, your previous criminal history may be taken into account.

Regardless of the circumstances around your obstruction charge, we believe that everyone is innocent until proven guilty. Whatever the reason for the allegations against you, we’re here to help ensure that you get a fair–and unobstructed—trial.

If You’ve Been Charged with A Crime in Seattle, Contact the Experienced Criminal Defense Lawyers at Baker, Lewis, Schwisow & Laws

The expert defense team at Baker, Lewis, Schwisow & Laws, PLLC vigorously defend the rights of individuals facing a multitude of charges in Seattle, Bellevue, and Kirkland. Contact us today at 206.209.0608 or fill out our online contact form to get more information or to get a free case review!