Obstruction of justice is treated as a very serious crime because it strikes at the very core of our justice system. In the state of Florida, as well as at the federal level, there are laws in place to specifically address and punish acts of obstruction of justice. These laws are designed to ensure the integrity and fairness of our legal processes.
It is essential to have a clear understanding of what constitutes obstruction of justice and the potential consequences one may face if accused of this offense.
What is Obstruction of Justice?
Obstruction of justice can be broadly defined as any action taken with the intent to interfere with the administration of justice. Florida Statute 843 outlines several specific acts that may be considered obstruction of justice. These acts include resisting an officer, aiding a suspect’s escape, compounding a felony, and intimidating witnesses.
It is important to note that obstruction of justice can be both a state and federal offense, depending on the circumstances of the case. The United States Code provides additional examples of obstruction crimes, bringing the total number of possible offenses to over twenty.
Common Examples of Obstruction of Justice
Resisting an Officer
Resisting an officer occurs when an individual knowingly and willfully obstructs, resists, or opposes the efforts of law enforcement or any other legally authorized individual or entity to execute legal processes. If violence or the threat of violence is involved, it is deemed a third-degree felony offense. However, if no violence or threat occurs, it is considered a first-degree misdemeanor crime.
Keep in mind that a charge of resistance often accompanies other charges. If you find yourself facing a charge of resisting an on-duty police officer, it is crucial to consult with an experienced attorney who can employ techniques to potentially have the charge dismissed.
Helping a Suspect Escape
Aiding a suspect’s escape is another form of obstruction of justice. Knowingly aiding or attempting to aid a person in escaping, or who has already escaped, from an officer is considered a third-degree felony under Florida Statute 843.12. If you have been accused of aiding a criminal suspect, it is imperative to work with an attorney who can thoroughly evaluate the evidence against you and explore potential strategies for having the charge dismissed.
Compounding a Felony
Compounding a felony involves accepting a bribe in exchange for helping someone avoid prosecution for a felony. It means it’s illegal to take a payoff to keep silent about a crime or to help conceal a crime. This offense is a third-degree felony under Florida Statute 843.14. If you are facing charges related to compounding a felony, it is crucial to seek quality legal representation to protect your rights and navigate the legal process effectively.
Intimidating Witnesses to a Crime
Interfering with a witness’s testimony or cooperation with law enforcement is a serious crime that constitutes obstruction of justice. This occurs when an individual intimidates a witness in an attempt to manipulate their testimony, coerce them into lying to the police or in court, or prevent them from testifying or cooperating with authorities.
There are various ways in which a person may intimidate or interfere with a witness’s role in a criminal investigation. This includes asking a witness to avoid reporting a crime, offering them bribes, threatening them with violence or property damage, or even targeting their family members or friends.
Other Examples of Obstruction of Justice
Obstruction of justice cases in Orlando often involve bribery, evidence tampering, and other acts that interfere with police work. These cases can also encompass crimes committed by police, prosecutors, and elected officials that corrupt the criminal justice system. It is important to note that the prosecution only needs to prove an attempt to manipulate justice occurred to establish obstruction of justice. Actual obstruction does not need to be proven for a conviction.
If you have been arrested or face criminal charges, contact Rivas Law Firm today at 407-644-2466 for a free consultation to discuss your legal options.