Obstructing Justice

Obstruction of justice in Virginia (Va. Code §18.2-460) is interfering with a law-enforcement officer lawfully performing his duties.  To be convicted of obstruction of justice in Virginia, a person must intend to impede a law-enforcement officer and the officer must be lawfully engaged in his duties.  Obstruction of justice in Virginia can be committed a number of ways, including intentionally obstructing a law-enforcement officer or refusing to cease obstructing after being requested to do so, using threats or force to impede a law-enforcement officer, threatening bodily harm to impede a law-enforcement officer, and making a false representation to a law-enforcement officer investigating a crime.

Obstruction of Justice in Virginia: Charges

Obstructing Law-Enforcement Officer in Performance of His Duties

One form of obstruction of justice in Virginia, Va. Code §18.2-460(A), is violated when an offender knowingly and without just cause obstructs a law-enforcement officer, judge, magistrate, justice, juror, attorney, prosecutor or animal control officer in the performance of his duties.  If a person is ordered to stop obstructing and refuses to do so, he can also be convicted of obstruction of justice in Virginia under Va. Code §18.2-460(A).  This offense is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.

Using Threats or Force to Impede Law-Enforcement Officer

Knowingly attempting to intimidate or impede a law-enforcement officer, judge, magistrate, justice, juror, prosecutor, witness or animal control officer lawfully engaged in his duties by threats or force is another form of obstruction of justice in Virginia.  This offense is a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.

Va. Code §18.2-460(B) is also violated by obstructing or impeding the administration of justice in any court.  This charge is similar to contempt, and the same action could potentially be charged under either code section.  For more information on contempt charges in Virginia, click here.

Threatening Bodily Harm in Attempt to Impede Law Enforcement Officer

Threatening bodily harm or force in an attempt to intimidate or impede a law-enforcement officer in the course of performing his duties is a felony under Va. Code §18.2-460(C).  An offender also violates this statute by using threats of bodily harm or force in an attempt to impede or intimidate a judge, magistrate, justice, juror, prosecutor or witness lawfully engaged in his duties.  It is also a felony under Va. Code §18.2-460(C) to obstruct or impede the administration of justice involving serious drug charges, criminal street gang charges, serious violent felonies, and charges of conspiracy to violate these offenses.

Obstruction of justice in Virginia by threatening bodily harm or to impede the investigation of serious felony charges is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.

Making False Representation to Law Enforcement Investigating Crime

Knowingly making a materially false statement or representation to a law-enforcement officer or animal control officer investigating a crime of another person is another form of obstruction of justice in Virginia.  Va. Code §18.2-460(D) makes this offense a Class 1 misdemeanor, punished with up to 12 months in jail and a fine up to $2500.

Obstruction of Justice vs. Resisting Arrest

Resisting Arrest (Va. Code §18.2-479.1) is different from obstruction of justice in Virginia. Both charges involve intentionally impeding a law-enforcement officer in executing his duties, but resisting arrest is intentionally preventing or attempting to prevent a law-enforcement officer from conducting a lawful arrest by fleeing.  Obstruction of justice charges do not need to occur in the course of an arrest.

For more information on charges of Resisting Arrest in Virginia, click here.