PC §410 - OBSTRUCTION OF JUSTICE
CLASS A MISDEMEANOR
(a) Definition
Obstruction of justice is the act of intentionally interfering with the administration of law, the due process of law, or the proper functioning of legal proceedings, investigations, or government agencies.
Types of Obstruction
Obstruction of justice may include, but is not limited to, the following:
Tampering with evidence: Altering, destroying, concealing, or falsifying evidence to impede an investigation or legal proceeding.
Witness tampering: Influencing, threatening, or intimidating witnesses to withhold testimony or provide false testimony.
Falsifying records: Making false statements, forging documents, or providing misleading information to obstruct investigations or legal proceedings.
Resisting arrest: Using force or violence to resist, obstruct, or evade lawful arrest or detention by law enforcement officers.
Perjury: Providing false testimony under oath or affirmation in a judicial proceeding.
Interfering with an active investigation or set perimeter of a scene.
(b) Elements of the Offense
The following elements must be met to constitute obstruction of justice:
The defendant intentionally engaged in conduct that interfered with the administration of law or legal proceedings.
The defendant acted with knowledge of the illegality or wrongful nature of their conduct.
The defendant's actions resulted in actual obstruction or interference with the administration of justice.
(c) Defenses
(a) It shall be a defense to a charge of obstruction of justice if the defendant can prove that their actions were lawful, justified, or protected by constitutional rights, or if they lacked the intent to obstruct justice.
(b) Lack of knowledge of the illegality of the conduct or absence of intent to obstruct may also serve as defenses if proven by the defendant.
(d) Aggravating Factors
Aggravating factors such as the severity of the obstruction, the harm caused to victims or the public interest, the duration and scale of the obstructive conduct, or prior convictions for similar offenses may result in increased penalties as determined by the court.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
100 SECONDS OF JAIL TIME.
BOND SET
$10,000.00
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