Whether you want to help a friend or family member who is currently facing criminal charges or you yourself are the target of an investigation, it’s critical to understand that intentionally impeding a criminal investigation is in itself a crime. As such, if you have been charged with obstruction of justice in Texas, it’s critical to familiarize yourself with what this crime entails and the penalties you can face if you are charged. Additionally, you’ll learn the circumstances in which this can become a federal offense and why working with Houston criminal defense attorneys is in your best interest during these complex and difficult matters.
What Does Obstruction of Justice Mean Under Texas Law?
In Texas, obstruction of justice is an umbrella term used to describe a number of ways in which someone may intentionally interfere with or impede any law enforcement officer acting in their official capacity, a criminal investigation, or court proceedings.
There are several charges you can face that fall under the umbrella of an obstruction charge, and each carries its own penalties. Common charges include obstructing governmental operations, hindering apprehension or prosecution, or tampering with or fabricating evidence.
As such, the following are all common examples of actions that can lead to an obstruction offense in Texas:
- Refusing to comply with a police officer’s lawful orders
- Running from an officer or resisting arrest
- Lying to the police, such as providing false information
- Witness tampering
- Destroying evidence that is integral to the prosecution of a criminal defendant
- Helping someone evade an arrest
How Is This Offense Penalized?
As mentioned, each of the offenses that fall under the obstruction of justice umbrella carries its own charges:
- Obstructing governmental operations: Class A misdemeanor, carrying up to one year in jail, and the potential for fines up to $4,000
- Resisting arrest: Also a Class A misdemeanor with the same penalties. However, it can be elevated to a third-degree felony if a deadly weapon is used, carrying between two and ten years in prison
- Tampering with evidence: Third-degree felony
- Hindering apprehension: also a Class A misdemeanor, though it may be charged as a third-degree felony if the person whom you helped was charged with a felony offense
What Happens if the Case Becomes Federal?
Under certain circumstances, an obstruction of justice offense can become a federal crime. This is often the case if the obstruction involves federal agencies or interstate communications. Additionally, if the crime involves cross-state actions, the federal government reserves the right to take over the case.
If this occurs, the penalties you can face for a felony obstruction offense are significantly harsher than state-imposed charges. If convicted, you can face up to 20 years in prison for your involvement in the offense.
As you can see, obstruction of justice is not something that should be taken lightly in Texas. That is why it is imperative to connect with an experienced criminal defense attorney with the Gonzalez Law Group. Our dedicated legal team will explore all potential avenues to help you fight for the best possible outcome for your unique situation. Contact us today to learn how we can represent you.