Obstructing justice is a serious offense, both federally and in the state of Florida, that involves any action taken to interfere with or hinder a law enforcement investigation or legal proceeding. Obstruction of justice charges can arise from a number of actions and behaviors, including everything from tampering with evidence to intimidating a witness or juror.
Florida law treats obstructing justice as a punishable crime, and depending on the circumstances, penalties can include significant fines, jail time, and a permanent criminal record. For individuals facing obstruction charges in Tampa, FL or the surrounding areas, attorney Andrew Buda of Buda Law offers skilled legal representation to help clients understand their rights, build a strong defense, and pursue the best possible outcome.
To learn more about the penalties you may be facing based on the specifics of your case and what a Tampa criminal defense attorney at our firm can do to help, call (813) 322-2832 or reach out online to set up a free consultation today.
Obstruction of Justice Meaning
Obstruction of justice is a criminal offense that occurs when someone willfully interferes with the legal system’s ability to carry out its functions. This charge covers a range of unlawful acts intended to disrupt or obstruct investigations, trials, or other legal proceedings. For instance, actions such as tampering with evidence, lying to law enforcement, bribing a witness, or threatening a judge or juror can all be considered obstruction.
In many cases, individuals charged with obstruction are seen as deliberately attempting to prevent the administration of justice or to avoid accountability. Florida law holds that every citizen has a legal duty to comply with lawful investigations, and any actions that knowingly disrupt this duty may lead to serious penalties.
Florida Obstruction of Justice Statute
Under Florida Statute Chapter 843, obstruction of justice charges apply to actions that deliberately interfere with a legally authorized person in the lawful execution of his or her duty. This includes obstructing police officers as well as any other peace officer, correctional officer, correctional probation officer, and even members of the Florida Highway Patrol and other governmental agencies.
Law enforcement animals, including police dogs and police horses, are also protected under these statutes, making it illegal to interfere with police animals assisting in law enforcement operations.
Obstructing police officers or any law enforcement agency during their duties can include resisting with or without violence, providing false information, or disrupting police investigations.
It also extends to actions that impede correctional facilities or obstruct correctional probation officers from performing official duties.
Florida Statutes Chapter 843
Below are all of the offenses listed under Florida’s obstruction of justice chapter:
- Resisting, obstructing, or opposing by offering or doing violence to legally authorized person, police dog, or police horse.
- Resisting officer without violence to his or her person.
- Unlawful possession of a concealed handcuff key.
- Depriving officer of means of protection or communication.
- Obstruction by disguised person.
- Refusing to assist prison officers in arresting escaped convicts.
- Resisting timber agent.
- Neglect or refusal to aid peace officers.
- False personation.
- Prohibited use of certain lights; penalty.
- Unlawful use of badges or other indicia of authority.
- Criminal actions under color of law or through use of simulated legal process.
- Escape through voluntary action of officer.
- Escape by negligence of officer.
- Conveying tools into jail to aid escape; forcible rescue.
- Aiding escape.
- Aiding escape of juvenile inmates of correctional institutions.
- Compounding felony.
- Failure of defendant on bail to appear.
- Unlawful to install or transport radio equipment using assigned frequency of state or law enforcement officers; definitions; exceptions; penalties.
- Unauthorized transmissions to and interference with governmental and associated radio frequencies prohibited; penalties; exceptions.
- Unlawful use of police communications; enhanced penalties.
- Publishing name and address of law enforcement officer.
- Boats; fleeing or attempting to elude a law enforcement officer.
- Offenses against police canines, fire canines, SAR canines, or police horses.
- Harassment of participant of neighborhood crime watch program prohibited; penalty; definitions.
- Depriving crime victim of medical care.
- Traveling across county lines with intent to commit a burglary.
- Tampering with an electronic monitoring device.
- Approaching a first responder with specified intent after a warning.
Federal Obstruction of Justice Statute
Federal obstruction charges may also be pursued in cases involving offenses against federal agencies, courts, or officials, where obstructive actions impact national or interstate matters.
Federal laws regarding obstruction of justice can be found under 18 U.S. Code Chapter 73, which includes all of the following offenses:
- Assault on process server
- Resistance to extradition agent
- Influencing or injuring officer or juror generally
- Influencing jurors by writing
- Obstruction of proceedings before departments, agencies, and committees
- Theft or alteration of record or process; false bail
- Picketing or parading
- Recording, listening to, or observing proceedings of grand or petit juries while deliberating or voting
- Obstruction of court orders
- Obstruction of criminal investigations
- Obstruction of State or local law enforcement
- Tampering with a witness, victim, or an informant
- Retaliating against a witness, victim, or an informant
- Civil action to restrain harassment of a victim or witness
- Civil action to protect against retaliation in fraud cases
- Definitions for certain provisions; general provision
- Obstruction of Federal audit
- Obstructing examination of financial institution
- Obstruction of criminal investigations of health care offenses
- Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
- Destruction of corporate audit records
- Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title
Obstruction of Justice Examples
Obstruction of justice can take many forms, each involving actions that interfere with legal processes or investigations. Below are some common examples that illustrate how certain behaviors can lead to obstruction charges in Florida.
Obstructing a Police Officer
Examples of obstructing a police officer in Florida often overlap with resisting arrest charges and include actions that hinder an arresting officer or investigation. Some common examples include:
- Attempting to resist arrest by struggling or fleeing when an officer detains you
- Provide false information about your identity or the details of an incident
- Interfering with an arrest of another person, such as by blocking or physically intervening in the arrest process
- Threatening or intimidating an officer to discourage them from performing their duties
Interfering With an Investigation
Obstructing justice during a criminal investigation involves actions that interfere with law enforcement’s ability to gather accurate information and pursue a case. Common examples of what it means to obstruct justice in this context include:
- Hindering a law enforcement investigation by refusing to cooperate with investigators, misleading them, or providing false leads that waste resources and delay progress
- Discarding items relevant to the case or altering documents to make them unusable in court
- Covering up for a guilty person, which can include lying to protect them, creating a false alibi, or withholding key information to prevent their identification
Obstruction of Evidence
Evidence tampering is a serious form of obstructing justice that involves interfering with materials critical to an investigation or court case. Examples include:
- Hiding physical evidence to prevent it from being discovered, such as concealing documents, weapons, or other items relevant to an investigation or trial
- Tampering with, altering, or falsifying evidence to mislead investigators or the court, like modifying records or planting false evidence to create confusion
- Physically destroying evidence to keep it from being used in a legal proceeding, such as shredding documents, erasing digital files, or breaking objects involved in the case
Obstructing Governmental Administration
Obstructing governmental administration involves actions that hinder officials from performing their lawful duties, such as:
- Threatening harm against a witness, judge, prosecutor, or law enforcement officer to intimidate them and prevent them from fulfilling their role in a case
- Carrying out threats of harm or harassment directed at individuals involved in the legal process, such as stalking a witness or intimidating a juror, with the intent of influencing their actions or decisions
- Interfering with government operations by disrupting a courtroom, resisting lawful orders, or obstructing police activities during an investigation or arrest
Witness and Jury Tampering
Obstructing justice through witness and jury tampering means attempting to improperly influence witnesses or jurors involved in a legal proceeding. Common examples include:
- Trying to influence a witness’s testimony by threatening them with harm to prevent truthful testimony
- Offering money or other incentives to a witness to change their testimony or refrain from testifying altogether
- Using pressure or manipulation to convince a witness to lie or withhold information that could impact the case
- Attempting to improperly influence jurors’ decisions through bribery, threats, or other unlawful means
- Contacting jurors outside of the courtroom to sway their opinions or verdict, bypassing proper legal channels
Helping Someone Escape Police Custody
Obstructing justice by helping someone escape police custody refers to any action that interferes with the lawful detention of individuals, including:
- Illegally possessing and concealing a handcuff key to assist someone in escaping from handcuffs or police custody
- Refusing to help a prison officer arrest a convict who has escaped from prison
- Refusing to assist peace officers in their efforts to detain or apprehend a criminal, especially when requested by law enforcement
- Allowing a criminal to escape confinement by neglecting to report their whereabouts or providing assistance to help them avoid detection
- Helping a criminal escape prison in Florida, such as by aiding in transportation, providing shelter, or supplying tools that facilitate an escape
Obstructing an Official Proceeding
Justice obstruction by interfering with an official proceeding involves actions such as:
- Lying under oath during a legal proceeding or investigation, known as perjury, to mislead the court or alter the outcome of the case
- Engaging in deceptive practices to hinder justice, such as creating false identities, using aliases, or forging documents to misrepresent information during an investigation or trial
- Disrupting court proceedings, like causing disturbances in the courtroom, to delay or prevent the trial from proceeding smoothly
- Interfering with the communication of subpoenas or legal notices to keep witnesses or defendants from attending a legal proceeding
Is Lying to Police Obstruction of Justice?
Yes, lying to police can be considered obstruction of justice if it is done to interfere with or hinder an investigation. Providing false information to law enforcement, especially during an active arrest or investigation, may result in obstruction charges and serious legal consequences.
Can Ignoring a Court Order Lead to Obstruction of Justice Charges?
Ignoring a court order can also lead to obstruction of justice charges, as it directly interferes with the court’s authority and the legal process.
Is Obstruction of Justice a Felony or Misdemeanor?
Obstruction of justice can be charged as either a felony or misdemeanor in Florida, depending on the severity of the actions and their impact on the legal process. For instance, more serious forms of obstruction, such as tampering with evidence or threatening witnesses, are often treated as felonies with harsher penalties.
What is the Penalty for Obstruction of Justice in Florida?
Under Florida law, whether an obstruction of justice charge is treated as a misdemeanor or felony depends on the nature and severity of the obstructive actions. More specifically, minor offenses, like giving false information to an officer or non-violent interference, are generally charged as misdemeanors.
However, more serious actions—such as tampering with evidence, violently resisting arrest, threatening a witness, or using violence to interfere with a legal proceeding—can elevate the charge to a felony. Florida assesses the impact of the obstruction on the investigation or court process to determine the appropriate level of the charge and associated penalties.
Misdemeanor Obstruction of Justice
In Florida, a misdemeanor obstruction of justice charge can lead to penalties that may include up to one year in jail, fines of up to $1,000, and a term of probation. These penalties reflect the serious nature of interfering with legal processes and a government official’s legal duties, even for misdemeanor offenses.
Felony Obstruction of Justice
In more severe cases, defendants may face felony obstruction charges. For example, violently resisting arrest can lead to a third-degree felony obstruction of justice charge, potentially bringing about serious penalties. A felony of the third degree can lead to up to 5 years in prison, fines of up to $5,000, and probation.
For crimes like escaping arrest or confinement or helping a prisoner escape, the charge may be escalated to a second-degree felony, which can result in up to 15 years in prison and fines up to $10,000.
How To Beat Obstruction of Justice Charge
Your best bet at beating an obstruction of justice charge in Florida is to work with a knowledgeable criminal defense lawyer who can provide effective legal representation tailored to your case.
A skilled attorney like Andrew Buda can analyze the evidence against you, challenge the prosecution’s claims, and identify weaknesses in their case to establish reasonable doubt. For example, your attorney may argue that actions taken were not intended to obstruct justice or that law enforcement officers overstepped boundaries during the investigation.
By casting doubt on the intent or circumstances surrounding the charge, an experienced Florida criminal defense lawyer can increase the chances of a favorable outcome, whether through case dismissal, reduced charges, or a not-guilty verdict.
Charged With Obstruction of Justice in Florida? Call a Tampa Criminal Defense Attorney at Buda Law Today
If you’re facing obstruction of justice charges in Tampa, FL or the surrounding areas, you need a strong legal team on your side to protect your rights throughout your criminal case. Andrew Buda at Buda Law has the experience and dedication needed to help you build a solid defense and navigate Florida’s legal system effectively.
Reach out to a criminal attorney on our team as soon as possible to discuss your options, understand your rights, and take the first steps toward defending your case. Simply give us a call at (813) 322-2832 or send us a message online to get started.