A criminal investigation can create a great deal of uncertainty, especially when you are accused of doing something that interfered with an investigation or court proceeding. An obstruction of justice charge can add another serious legal problem to an already difficult situation. Understanding what Utah law considers obstruction, how the charge may be classified, and what factors can affect your case can help you make informed decisions about your next steps.
What Is Obstruction of Justice in Utah?
Under Utah Code § 76-8-306, obstruction of justice involves acting with the intent to hinder, delay, or prevent a criminal investigation, apprehension, prosecution, conviction, or punishment. The alleged conduct must involve an underlying criminal offense that is separate from the obstruction charge.
The law covers several types of conduct. Depending on the circumstances, this can include concealing or destroying evidence, providing false information, helping someone avoid apprehension, warning someone about an impending discovery, or interfering with another person's ability to assist an investigation. The prosecution generally must establish the required intent in addition to the alleged act.
What Conduct Can Lead to a Charge?
Utah law identifies several forms of conduct that may constitute obstruction when the required intent is present. The circumstances surrounding the alleged conduct matter when determining whether the elements of the offense are satisfied.
Altering or concealing evidence: Changing, destroying, hiding, or removing an item connected to an investigation may lead to an obstruction allegation.
Providing false information: Knowingly presenting false information about a suspect, witness, or material part of an investigation can qualify under the statute.
Helping someone avoid discovery: Providing transportation, a disguise, or another means of avoiding apprehension may result in an obstruction charge.
Interfering with others: Using force, intimidation, or deception to prevent someone from taking an action that could assist an investigation can also fall within the statute.
Not every action that complicates an investigation automatically amounts to obstruction. The prosecution must prove the elements required by Utah law.
How Serious Is an Obstruction Charge?
The potential classification depends in part on the offense connected to the alleged obstruction and the specific conduct involved. Under Utah law, obstruction can be charged as a second-degree felony, third-degree felony, or Class A misdemeanor in different circumstances.
For example, obstruction connected to conduct that would constitute a capital felony or first-degree felony can be classified as a second-degree felony. Certain conduct involving lower-level offenses can result in a third-degree felony, while other violations may be charged as a Class A misdemeanor.
Because the classification can vary, the specific allegations in the charging documents are important. A person should not assume the consequences of an obstruction charge based only on the name of the offense.
What Factors Can Affect an Obstruction Case?
An obstruction allegation can involve complicated questions about what happened, what a person knew, and what they intended to accomplish. Important issues may include:
Intent: The law requires an intent to hinder, delay, or prevent a criminal investigation or proceeding.
The alleged conduct: The prosecution must connect the person's actions to conduct specifically covered by the statute.
The underlying offense: The nature and potential classification of the separate criminal conduct can affect the level of the obstruction charge.
Available evidence: Statements, messages, records, physical evidence, and witness accounts may all become relevant to determining what actually occurred.
These details can make a significant difference in how an obstruction case should be evaluated. A careful review of the evidence may reveal inconsistencies or other issues that are not apparent from the initial allegation.
What Should You Do After an Obstruction Charge?
An obstruction charge can have consequences beyond the underlying investigation, so taking the allegation seriously is important. Avoid discussing the circumstances with people who do not need to know about your case, and do not destroy, alter, or conceal potentially relevant information.
Most importantly, consider speaking with a criminal defense attorney as early as possible. An attorney can review the allegations, examine the evidence, explain the potential consequences, and help determine how to approach the defense.
Protect Your Rights With a Utah Defense Team
Obstruction cases can turn on specific facts, evidence, and questions about intent. Wasatch Defense Lawyers can review the circumstances surrounding your charge and help you understand your legal options. If you have been accused of obstruction of justice in Utah, call (801) 459-8909 to discuss your case with a defense team that can help you take the next step.
