Virginia Obstruction of Justice Defense
Obstruction of justice is a serious offense in Virginia. If you are charged with obstructing justice, you should know about your rights and possible defenses.
Virginia’s obstruction of justice statute has four sections. Depending upon which section you are charged under, the offense could be a misdemeanor or a felony. Either way, you are facing possible jail time.
No matter which section you are charged under, Virginia law requires that you actually intended to impede or obstruct the justice system. If you just didn’t cooperate with a police officer, that is probably not enough to convict you of obstructing justice. In addition, the courts are clear that fleeing from the police does not amount to obstruction.
Virginia obstruction of justice – the law
Obstruction of justice is codified under Virginia Code § 18.2-460:
A. If any person without just cause knowingly obstructs a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or animal control officer employed pursuant to § 3.2-6555 in the performance of his duties as such or fails or refuses without just cause to cease such obstruction when requested to do so by such judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law enforcement officer, or animal control officer employed pursuant to § 3.2-6555, he shall be guilty of a Class 1 misdemeanor.
B. Except as provided in subsection C, any person who, by threats or force, knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, or an animal control officer employed pursuant to § 3.2-6555 lawfully engaged in his duties as such, or to obstruct or impede the administration of justice in any court, is guilty of a Class 1 misdemeanor.
C. If any person by threats of bodily harm or force knowingly attempts to intimidate or impede a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, any law-enforcement officer, lawfully engaged in the discharge of his duty, or to obstruct or impede the administration of justice in any court relating to a violation of or conspiracy to violate § 18.2-248 or subdivision (a)(3), (b) or (c) of § 18.2-248.1, or § 18.2-46.2 or § 18.2-46.3, or relating to the violation of or conspiracy to violate any violent felony offense listed in subsection C of § 17.1-805, he shall be guilty of a Class 5 felony.
D. Any person who knowingly and willfully makes any materially false statement or representation to a law enforcement officer or an animal control officer employed pursuant to § 3.2-6555 who is in the course of conducting an investigation of a crime by another is guilty of a Class 1 misdemeanor.
As you can see, obstruction of justice is a serious offense. If you are charged with obstruction, I would be happy to discuss your case with you and see how I can help.