San Diego Obstruction of Justice Defense Lawyer

Obstruction of justice is a broad description, not a single California offense with one penalty. Allegations can concern resisting or delaying an officer, destroying or concealing evidence, bribery, or dissuading a witness. Federal obstruction laws are separate and require their own jurisdictional and intent analysis.

For example, Penal Code section 148(a)(1) addresses willfully resisting, delaying, or obstructing a covered official in lawful duties. Other statutes address different conduct. An innocent mistake or a lawful assertion of constitutional rights is not automatically obstruction.

The right to remain silent does not authorize lying, hiding evidence, intimidating witnesses, or physically interfering with officers. Conversely, simply declining a voluntary interview does not by itself establish obstruction. Legal obligations concerning identification, subpoenas, and lawful commands depend on the encounter.

A defense lawyer can examine whether the officer was acting lawfully, what the accused knew, whether the required intent existed, and what recordings show. Full communications and the sequence of events may contradict a report or reveal missing context.

Some obstruction-related offenses are misdemeanors; others are felonies with possible substantial incarceration. Force, threats, weapons, prior convictions, and related allegations can change the analysis. There is no reliable universal sentence for a charge described only as “obstruction.” Counsel should review the filed statute and enhancements.

Preserve evidence in its original form and do not ask others to change their accounts. Speak with counsel before responding to investigators. James N. Dicks, a Certified Criminal Law Specialist and former police detective, represents clients throughout San Diego County. Call jD LAW at (760) 630-2000 for a free consultation.