What is Obstruction of Justice in Utah

Obstruction of justice is a serious crime that carries harsh penalties. Utah prosecutors take cases of obstruction of justice seriously and prosecute them aggressively. Defenses are available, but these cases can be complicated, and the stakes are high. In the majority of cases, people are charged with obstruction of justice because law enforcement officers believe they have information about a crime or know who committed a crime. Unfortunately, there are also situations in which law enforcement agents threaten someone with charges of obstruction of justice in an effort to coerce them into testifying for the prosecution.

What Is the Crime of Obstruction of Justice in Utah?

The crime of obstruction of justice in Utah involves any action that is intended to hinder, prevent, or delay the investigation, apprehension, prosecution, conviction, or punishment of another person who may have committed a crime. Under Utah Code section 76-8-306, actions that may constitute obstruction of justice include:

• Providing any person with a weapon
• Using force, intimidation, or deception to prevent any person from performing an act that might aid in the discovery, apprehension, prosecution, conviction, or punishment of any person
• Altering, destroying, concealing, or removing any item or thing
• Making, presenting, or using any item or thing known by the actor to be false
• Harboring or concealing a person
• Providing a person with transportation, disguise, or other means of avoiding discovery or apprehension
• Warning any person of impending discovery or apprehension
• Warning any person of an order authorizing the interception of wire communications or of a pending application for an order authorizing the interception of wire communications
• Concealing information that is not privileged or that concerns the offense, after a judge or magistrate has ordered the actor to provide the information
• Providing false information regarding a suspect, a witness, the conduct constituting an offense, or any other material aspect of the investigation

The law applies equally whether the person being protected is an adult or a juvenile. To be convicted, the prosecution must prove, beyond a reasonable doubt, that the defendant intended to hinder a criminal investigation. A person cannot be convicted of obstruction of justice if their actions simply happened to impede an investigation.

How Serious Are Charges for Obstruction of Justice in Utah?

The nature and severity of the crime of obstruction of justice often depend on the underlying criminal offense. Someone who hinders the investigation of a more serious offense faces harsher penalties if they are convicted of obstruction of justice.

• Obstruction of justice can be charged as a second-degree felony when the underlying offense is a capital offense punishable by death or a first-degree felony.
• Obstruction of justice may be charged as a third-degree felony if the underlying offense is a second- or third-degree felony.
• Obstruction of justice related to less severe crimes is charged as a Class misdemeanor.

What Are the Penalties for Obstruction of Justice in Utah?

Criminal charges for obstruction can range from a Class A misdemeanor to a second-degree felony.

• A Class A misdemeanor is punishable by up to 364 days in jail and a fine of up to $2,500.
• A third-degree felony is punishable by up to 5 years in prison and a fine of up to $5,000.
• A second-degree felony is punishable by a minimum of 1 year in prison up to 15 years in prison and a fine of up to $10,000.

What Are Defenses to Charges of Obstruction of Justice?

A conviction for obstruction of justice requires proof beyond a reasonable doubt that the defendant intended to hinder, prevent, or delay the investigation, apprehension, prosecution, conviction, or punishment of another person who may have committed a crime. It is a viable defense for a defendant to claim they did not realize that their actions impeded a criminal investigation.

There is a critical distinction between an act that is intended to obstruct justice and a simple lack of action. Individuals are not typically required to aid an investigation or answer questions from law enforcement officers unless ordered by a judge. You may have grounds to challenge a charge of obstruction of justice if you were arrested because you chose not to speak with investigators about an alleged criminal offense.

How Our Criminal Defense Attorney at Terry Law Can Help

Criminal charges for obstruction are serious and should not be taken lightly. Terry Law is among the best law firms in the state and has decades of experience defending individuals charged with crimes in Utah courts. We provide the time-tested advice, guidance, and advocacy that only an experienced law firm can offer. Contact our law office today to schedule a confidential appointment to discuss your situation and how we can assist you.