The Primary Defenses Against An Obstruction of Justice Charge – Penal Code Sections 148, 136.1, 182, 114
If you’ve been accused of obstruction of justice, understanding the intricacies of the legal system and preparing a robust defense is crucial. This blog post aims to provide you with comprehensive insights into what obstruction of justice entails, the best defense strategies to beat such charges, and the importance of having legal representation.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with our experienced attorneys.
Understanding Obstruction of Justice
Obstruction of justice refers to any act that interferes with the operation of the judicial process. This can include actions like tampering with evidence, lying to law enforcement officers, or attempting to influence witnesses.
To beat obstruction of justice charges, it’s essential to first comprehend what constitutes this offense. According to California Penal Code Section 148, obstruction of justice involves willfully resisting, delaying, or obstructing a peace officer or emergency medical technician in the discharge of their duties. This definition is broad and can encompass a range of actions.
California Penal Code Sections for Obstruction of Justice
Understanding the specific penal code sections related to obstruction of justice in California is essential for navigating these charges effectively. Below are key sections that pertain to various obstruction offenses:
Penal Code Section 148 – Resisting, Delaying, or Obstructing a Peace Officer
This section makes it a misdemeanor to willfully resist, delay, or obstruct any public officer, peace officer, or emergency medical technician in the discharge or attempt to discharge any duty of their office or employment. Violations of this section can lead to up to one year in county jail and a fine of up to $1,000.
Penal Code Section 136.1 – Intimidating a Witness or Victim
Penal Code Section 136.1 addresses intimidating or dissuading a witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. This can be charged as a misdemeanor or a felony, with potential penalties including imprisonment in state prison for up to four years.
Penal Code Section 182 – Conspiracy to Obstruct Justice
Under Penal Code Section 182, individuals who conspire to commit any felony, including obstruction of justice, can be prosecuted for conspiracy. The punishment for conspiracy is typically the same as that for the underlying offense, adding an additional layer of severity to the charges.
Penal Code Section 114 – False Information in a Police Report
Penal Code Section 114 makes it a crime to knowingly file or cause to be filed any report with a law enforcement agency that falsely reports a bomb or explosive device, or a threat to poison or contaminate food or water supplies. Such actions constitute a felony, carrying significant penalties of a potential five years in prison and $25,000 fine.
By familiarizing yourself with these penal code sections, you can better understand the specific charges you might face and the potential consequences. Working closely with your criminal defense attorney to navigate these legal intricacies can be crucial for building a robust defense.
Strong Defense Strategies for Obstruction of Justice
When charged with obstruction of justice, building a robust defense strategy is essential. Here are some of the strongest defense strategies that can be employed to contest these charges:
Lack of Intent
One of the most effective defense strategies is to argue that there was no intent to obstruct justice. Many obstruction laws require the prosecution to prove that the accused willfully intended to interfere with the duties of a law enforcement officer or other authority figure. Demonstrating that the accused individual’s actions were accidental or lacked malicious intent can weaken the prosecution’s case significantly.
Exercise of Constitutional Rights
Another potential defense is to claim that the actions in question were an exercise of constitutional rights. For example, asserting one’s rights under the First Amendment to free speech or assembly can sometimes be misconstrued as obstructive behavior. If it’s proven that the accused person’s actions were legally protected, the charges may be reduced or dismissed.
Insufficient Evidence
Challenging the adequacy of the evidence presented by the prosecution is another powerful defense strategy. If the evidence against the accused individual is found to be circumstantial or insufficient to support a conviction beyond a reasonable doubt, this can lead to an acquittal.
Mistaken Identity
In cases where there is a question about who actually committed the act of obstruction, a defense of mistaken identity can be raised. This involves presenting evidence that the accused person was not the person who obstructed justice, such as alibi witnesses, surveillance footage, or other exculpatory evidence.
Entrapment
Entrapment occurs when law enforcement officials induce a person to commit a crime they otherwise would not have committed. If it’s established that the accused person was coerced or persuaded by authorities to engage in obstruction of justice, this can be a valid defense that may lead to the dismissal of charges.
Duress or Coercion
A defense based on duress or coercion argues that the accused individual was forced to obstruct justice due to immediate threats of harm or violence. If the accused can show that they only committed the act to avoid serious injury or death, this can serve as a mitigating factor or a complete defense.
Self-Defense
In scenarios where the accused person’s actions were taken in self-defense against an unlawful or excessive use of force by an officer, this can form the basis of a credible defense. Self-defense claims can justify the accused person’s conduct and result in a not guilty verdict.
Employing these defense strategies effectively requires careful analysis and presentation of evidence. Working closely with a skilled criminal defense attorney to tailor these defenses to the specifics of the case can significantly enhance the likelihood of a favorable outcome in your case.
The Importance of Legal Representation
An experienced criminal defense attorney can offer invaluable expertise. They understand the nuances of the law and can craft a defense strategy tailored to the specifics of the case.
A seasoned criminal defense lawyer can also negotiate with prosecutors to potentially reduce charges or secure a favorable plea deal. Their knowledge of legal procedures and precedents can make a significant difference in the outcome of your case.
Contact Wallin & Klarich Today
If you are facing an obstruction of justice charge, you need an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.
