Hillsborough County Obstruction of Justice Lawyer

Florida prosecutors file obstruction charges more frequently than many defendants expect, and the reason is structural: under Florida Statute 843, obstruction offenses are standalone crimes that can be charged independently of the underlying investigation. That means a person never actually accused of the primary offense can still face criminal liability for what they said, did, or refused to do during a law enforcement encounter. If you are facing these charges, Daniel J. Fernandez, P.A. brings more than 43 years of criminal defense experience and former prosecutorial insight to every Hillsborough County obstruction of justice case the firm accepts.

What Florida Statute 843 Actually Covers

Florida Statute 843.01 makes it a third-degree felony to knowingly and willfully resist, obstruct, or oppose any officer or other person legally authorized to execute legal process or to serve process in the execution of a legal duty through violence or threats of violence. Florida Statute 843.02 creates the misdemeanor version, covering nonviolent resistance or obstruction. The distinction matters enormously at sentencing: the felony carries up to five years in prison, while the misdemeanor carries up to one year in the county jail. Prosecutors often have discretion about which charge to file, and they do not always choose the lesser option.

What many people do not realize is how broad the statutory language is in practice. Courts have found obstruction in cases where someone gave false information to an officer, fled on foot after a lawful command to stop, warned another person of an impending arrest, or interfered with a witness cooperating in a state investigation. Florida courts have also applied Section 843.06 to civilians who neglect or refuse to assist an officer when requested, a relatively obscure provision that can surprise defendants who believed they had no legal obligation to comply.

The federal counterpart, 18 U.S.C. Section 1503, applies when the conduct involves a federal judicial or grand jury proceeding. The Sam M. Gibbons United States Courthouse in downtown Tampa handles these cases, and federal obstruction charges carry substantially more severe sentencing exposure under the U.S. Sentencing Guidelines. Daniel J. Fernandez has handled both state and federal criminal cases across his career, which matters when a state investigation intersects with a federal inquiry, a scenario that arises with some regularity in Hillsborough County.

How These Cases Move Through the Hillsborough County Courthouse System

The Edgecomb Courthouse at 800 E. Twiggs Street is where most state obstruction cases in Hillsborough County are processed. Felony obstruction charges under Section 843.01 are assigned to the circuit criminal division, while misdemeanor charges under Section 843.02 typically move through the county court division. Arraignment follows arrest, and this is the first formal opportunity to challenge the charge or begin discussing resolution with the assistant state attorney assigned to the case.

One procedurally significant aspect of obstruction cases is how they interact with the underlying matter that prompted the law enforcement contact. If the underlying investigation is later dropped or the defendant is acquitted of the primary offense, the obstruction charge does not automatically disappear. Florida courts have consistently held that obstruction is an independent crime, and the State Attorney’s Office for the Thirteenth Judicial Circuit in Tampa regularly maintains obstruction charges even when the original investigation does not produce a conviction. This is one of the less intuitive aspects of how these prosecutions unfold.

Bond conditions in obstruction cases frequently include no-contact orders if the alleged obstruction involved tampering with a witness or victim. Violations of those conditions can result in bond revocation and additional criminal charges. Daniel J. Fernandez’s office, located at 625 E. Twiggs Street just steps from the courthouse, is positioned to respond quickly when circumstances change after the initial arrest, whether that means filing a motion to modify conditions or responding to a bond revocation hearing.

Defenses That Matter in Obstruction Prosecutions

The most significant element the State must prove is knowledge and willfulness. A person who misunderstood a command, did not hear an instruction clearly, or was acting out of genuine confusion rather than deliberate defiance has not committed obstruction under Florida law. Establishing that the defendant’s conduct lacked the required mental state is often the most productive avenue in these cases, particularly when the arrest happened in a loud or chaotic environment like Ybor City’s 7th Avenue corridor during a crowded event or near Amalie Arena after a major game when large crowds and multiple officers create genuinely confusing conditions.

Another important defense involves the lawfulness of the underlying officer action. Florida law requires that the officer be executing a lawful duty at the time of the alleged obstruction. If the officer exceeded their authority, lacked probable cause, or conducted an unlawful stop, the obstruction charge may not stand. This defense requires careful analysis of the Fourth Amendment issues surrounding the original encounter and often overlaps with motions to suppress evidence in cases where the obstruction charge accompanies another offense like possession of a controlled substance or carrying a concealed weapon.

False statement obstruction charges, where the allegation is that the defendant gave misleading information to investigators, require the State to prove the statement was actually false, that the defendant knew it was false, and that it was made with the intent to obstruct. Proving each of those elements beyond a reasonable doubt is harder than the charge summary might suggest. Cross-examining officers about exactly what was asked, how it was asked, and whether any ambiguity existed in the question or the defendant’s answer has produced meaningful results in these cases at trial.

Sentencing Exposure and Collateral Consequences Under Florida Law

A conviction under Section 843.01 scores points on Florida’s Criminal Punishment Code scoresheet. Even as a standalone charge without prior criminal history, a third-degree felony for violent obstruction can result in a recommended sentence that includes significant probation terms, community service, restitution where applicable, and the possibility of incarceration. With prior convictions or if the obstruction is connected to a more serious underlying offense, the scoresheet calculation can push the recommended sentence well above the minimum.

The collateral consequences extend beyond the sentencing hearing. A felony obstruction conviction affects eligibility for expungement or sealing under Florida Statute 943.0585. Florida law prohibits sealing or expunging a record when the person has been adjudicated guilty of any felony, which means a conviction forecloses that remedy permanently. For clients who work in licensed professions, hold government security clearances, or are not U.S. citizens, the immigration and licensing consequences can be as consequential as the criminal sentence itself. These are not secondary concerns; they are central to how the defense strategy should be built from the start.

Questions About Obstruction Charges in Hillsborough County

Can I be charged with obstruction if I was never charged with the underlying crime?

Yes. Florida courts have repeatedly confirmed that an obstruction charge under Section 843 is independent of the primary investigation. The State does not need to prove you committed any other offense. The only question is whether you willfully resisted, obstructed, or opposed a person lawfully executing their duties.

What is the difference between resisting with violence and resisting without violence?

Resisting with violence under Section 843.01 is a third-degree felony carrying up to five years in prison and a $5,000 fine. Resisting without violence under Section 843.02 is a first-degree misdemeanor carrying up to one year in county jail and a $1,000 fine. The classification depends entirely on whether physical force, threats, or violent conduct were part of the alleged resistance.

Does Florida law allow me to refuse to answer police questions without it being obstruction?

The Fifth Amendment protects your right to remain silent during questioning. Simply declining to answer questions is not obstruction under Florida law. However, actively providing false information to investigators can form the basis of an obstruction charge under certain circumstances, particularly in cases involving written statements or formal investigative proceedings.

Can an obstruction charge affect my driver’s license?

A standalone obstruction conviction under Section 843 does not trigger an automatic license suspension in the same way a DUI does. However, if the obstruction arose from a traffic stop where other charges are also pending, those companion charges may carry independent license consequences. The administrative and criminal consequences need to be analyzed together.

How does obstruction of justice interact with a pending federal investigation?

Federal obstruction under 18 U.S.C. Section 1503 applies to conduct that impedes grand jury proceedings or federal judicial proceedings. Federal sentencing guidelines treat obstruction seriously and can result in upward adjustments to a sentence even when obstruction is not a standalone charge but is instead found as relevant conduct at sentencing. Cases that cross into federal territory require counsel with federal court experience.

Will an obstruction charge appear on a background check?

Yes. An arrest and any resulting conviction are part of the Florida criminal history record maintained by the Florida Department of Law Enforcement. A conviction, whether felony or misdemeanor, will appear on standard background checks unless subsequently sealed or expunged, and a felony adjudication forecloses those remedies permanently under Florida Statute 943.0585.

Hillsborough County and the Surrounding Communities We Serve

The Law Office of Daniel J. Fernandez, P.A. represents clients throughout the broader Tampa Bay region, from neighborhoods inside the city limits like Seminole Heights, Hyde Park, Ybor City, and West Tampa to communities across the county including Brandon, Riverview, Plant City, and Valrico. The firm also handles cases in neighboring counties, including Pinellas County, Pasco County, Polk County, Manatee County, Sarasota County, and Hernando County. Whether the arrest occurred near the University of South Florida, in the New Tampa corridor, or on the Gandy Bridge approach, the geographic familiarity our team brings to every case reflects four decades of practicing criminal law across this region.

Reach an Experienced Obstruction Defense Attorney Before the Case Develops Further

Obstruction charges can move quickly through the Thirteenth Judicial Circuit, and the decisions made in the days immediately following an arrest often shape the entire trajectory of the case. Daniel J. Fernandez has spent more than 43 years inside the Hillsborough County courthouse system, first as a prosecutor learning how the State builds these cases, and then as a defense attorney working to dismantle them. He has tried more than 500 cases to verdict, earned recognition from Tampa Magazine’s Best Lawyers Edition, and built a practice that more than 400 clients have rated five stars. If you are dealing with a Hillsborough County obstruction of justice charge, call our office at 625 E. Twiggs Street in downtown Tampa and speak directly with a member of our legal team today.