What You Should Know If You Are Facing Charges for Obstruction of Justice

Have you been arrested for or charged with a form of obstruction of justice under state or federal law? This type of broad criminal offense can be confusing — especially since it can involve so many different types of federal laws and state laws — and, as such, it is crucial to understand what the specific charges are that you are facing. In general, you will not be facing simple “obstruction of justice” charges, but rather a more specific type of charge under federal or state laws pertaining to obstruction.

Understand What It Means to Obstruct Justice

For anyone who has been accused of the obstruction of justice, it is important to understand what precisely is meant by this term and accompanying criminal charges.

Under federal law, obstruction of justice is generally defined as “the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit.” Under state law, obstructing justice is generally understood to mean any act (or omission, in some cases) that hinders or prevents the execution of the law.

You May Be Facing Charges Under Federal or State Law

If you have been charged with any form of obstruction of justice or obstructing justice, it is critical to determine and to understand whether you are facing charges under federal or state law, or under both. It is also important to be aware of the fact that these types of charges may be brought on their own, but they often accompany other types of criminal charges.

Different Federal and State Laws Exist That Allow for Charges Involving Obstructing Justice

Charges related to the obstruction of justice under federal law can occur under a very wide range of federal criminal laws. As the federal government explains, “obstruction prosecutions regularly involve charges under several statutory provisions,” and these laws are too numerous to list all of them. There are, however, six major federal criminal obstruction laws:

• Tampering with federal witnesses;
• Retaliating against federal witnesses;
• Obstruction of pending federal court proceedings;
• Obstruction of pending congressional or federal administrative proceedings;
• Conspiracy; and
• Contempt.

Under Florida law, Chapter 843 of the Florida Statutes concerns “obstructing justice” charges. Within this chapter, there are dozens of possible obstruction charges that a person may be facing depending on the circumstances. In order to determine the specific charges and elements of the offense, which will be necessary to develop the strongest possible defense, it is important to seek legal advice from an obstruction defense attorney in Tampa who routinely handles these types of cases.

Contact a Tampa Criminal Defense Lawyer to Begin Working on Your Defense to Obstruction of Justice Charges 

Have you been charged with obstruction of justice under state or federal law? As we discussed above, these types of charges can occur on their own, or they can be accompanied by other types of criminal charges under state or federal law. The best way to avoid a conviction is to begin working with an experienced Tampa obstruction of justice defense attorney at the Law Offices of Daniel J. Fernandez, P.A. as soon as possible. Contact our firm today so that we can learn more about the specific details of your case and the charges against you in order to begin working on a defense strategy.

Sources: 

congress.gov/crs-product/RS22783

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0843/0843.html