When Is an Obstruction of Justice Charge a Serious Offence?

Unfortunately, the seriousness of an obstruction of justice charge can be a matter of perception, often leading to confusion and misunderstanding. This article delves into the nuances of this charge, examining when it is truly considered serious and when it is relatively minor. We will also discuss the legal implications and typical outcomes.

The Range of Seriousness

The severity of an obstruction of justice charge varies significantly based on the underlying crime. For instance, obstructing a felony murder investigation can result in severe legal repercussions, including potential felony charges, jail time, and even the death penalty in extreme cases. On the other hand, obstructing what is essentially a petty or non-criminal matter can be seen as a minor infraction at best.

Felony Murder and its Consequences

Sadly, the ramifications of an obstruction of justice charge can be dire, even when the underlying crime is relatively minor. As a prime example, the felony murder rule states that anyone who aids, abets, commits, or attempts to commit murder, or who is present at the scene of the crime with knowledge that it will result in death, is guilty of felony murder.

However, fortunately, the imposition of the death penalty for obstruction of justice has never occurred. The legal system has to balance the gravity of the underlying crime with the justice of the process. Obstructing a murder investigation is a serious offense, while obstructing an investigation into minor civil matters is often seen as a petty or non-serious action.

The Reality of Prosecution

Based on my experience as an Assistant United States Attorney, I have prosecuted around ten obstruction of justice cases. In most of these cases, the defendant received a jail sentence, ranging from 2 to 3 years. In one particularly severe case, a defendant was sentenced to 9 and a half years in prison. This highlights the wide spectrum of severity that this charge can carry.

Bragg’s Case: A Distinct Example

In one case involving a woman with brain cancer, it was determined that she posed an exceptionally low risk to the public. As a result, she received a lenient punishment, which underscores the flexible nature of the legal system in handling such cases.

Conclusion

The seriousness of an obstruction of justice charge depends heavily on the context and the underlying crime. While it can be a grave offense leading to significant legal penalties, it is also possible that the charge might be more trivial, especially in cases involving minor infractions.

The Key Points

The Underlying Crime: The seriousness of the obstruction charge is often directly linked to the severity of the underlying crime. For example, obstructing a murder investigation is considered far more serious than obstructing an investigation into a minor offense. Legal Implications: Prosecutors consider the likelihood of the defendant interfering with justice and the potential danger they pose to others. Sentencing: The sentencing for obstruction of justice charges can vary widely, ranging from a few years in jail to potentially decades, based on the circumstances.

Ultimately, the charge of obstruction of justice is a serious matter that should be taken with the utmost seriousness, given the wide range of potential outcomes and the impact on the justice system.

Keywords

obstruction of justice felony serious crime