What is obstruction of justice in Missouri?
Obstruction of justice is a broad term for unlawful interference with an investigation, prosecution, or court process. It can include hiding evidence, improperly influencing witnesses, or helping someone avoid apprehension. The specific offense depends on the conduct, the person’s knowledge or intent, and the applicable law.
In Missouri, the term commonly describes several offenses rather than one charge with a single definition or penalty. Understanding an allegation therefore starts with identifying the statute listed in the charging document.
Note: This page provides general information and is not legal advice. It should not replace a consultation with a licensed attorney about the facts, deadlines, and legal issues in a specific case.
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What constitutes obstruction of justice?
Federal and Missouri laws both address different forms of judicial interference, though their requirements and punishments for obstruction of justice vary.
Someone’s actions may qualify for obstruction charges when they meet the listed criteria and when the person had a qualifying intent or knowledge. In other words, someone can’t commit obstruction of justice by broadly or accidentally inconveniencing an investigator or officer.
Giving someone who’s avoiding the police a ride isn’t the same as giving them a ride to prevent their arrest. For the ride to obstruct justice, prosecutors must prove the driver gave it with the purpose of helping the passenger avoid apprehension.
Federal obstruction charge
Title 18 of the United States Code (U.S.C.) covers the different types of conduct that can lead to an obstruction of justice charge. For example:
- 18 U.S.C. §1512: Addresses specified conduct involving witnesses, victims, informants, and evidence.
- 18 U.S.C. §1519: Addresses certain records destruction, concealment, or falsification intended to interfere with matters within federal jurisdiction, including contemplated investigations.
Interestingly, a court case doesn’t have to be underway for an obstruction offense to occur, though the specific requirements to prove an offense vary by statute.
Missouri obstruction of justice examples
Under Revised Statutes of Missouri (RSMo) Chapter 575, the state identifies several types of obstruction offenses, including resisting arrest, hindering prosecution, and tampering with evidence, witnesses, or victims.
| Missouri statute | Offense | Description |
| RSMo §575.030 | Hindering Prosecution | Helping another person avoid apprehension or prosecution (e.g., concealing someone to help them avoid arrest). |
| RSMo §575.100 | Tampering with Physical Evidence | Altering, destroying, or concealing material to impair its use in an investigation or proceeding (e.g., hiding relevant documents from a criminal investigation). |
| RSMo §575.150 | Resisting arrest | Preventing a law enforcement officer from carrying out an arrest, lawful detention, or stop (e.g., fleeing after being pulled over). |
| RSMo §575.160 | Interfering with the legal process | Knowingly interfering with an authorized process server to prevent service (e.g., deliberately blocking service of a subpoena). |
| RSMo §575.270 | Tampering with a witness or victim | Improperly influencing a witness or purposefully discouraging a victim’s reporting or participation (e.g., threatening a witness into giving false testimony). |
Prosecuting obstruction of justice
Being charged with obstruction of justice doesn’t immediately mean someone’s guilty. Instead, prosecutors must prove the legal requirements listed within the applicable statute beyond a reasonable doubt before someone can be convicted of obstructing justice. These required elements, however, vary by statute.
For example, if someone is charged with tampering with evidence under RSMo §575.100, prosecutors must prove the person altered, destroyed, suppressed, or concealed evidence to impair its truthfulness, readability, or availability. If, however, someone is charged with tampering with a victim, prosecutors can instead prove the person made purposeful attempts to dissuade the victim from reporting a crime or assisting prosecutors.
Potential obstruction of justice defenses
There are many ways to be charged with obstruction of justice, meaning there are also many options for defending against such charges. Yet most defensive strategies can focus on challenging whether the conduct occurred, whether the accused person was responsible, or whether the evidence shows the person’s awareness or intent.
If, for instance, someone is charged with interfering with the legal process because they were blocking a doorway a process server needed to use to serve a subpoena, their defense attorney could argue that the offender didn’t know that the server was trying to serve a subpoena or that there’s no evidence to show that their blocking the doorway was intentional.
Making sense of obstruction charges
Obstruction charges often turn on the circumstances surrounding someone’s actions: what happened, what they knew, and what they intended. While each type of charge can clearly explain its allegations, understanding the implications of a charge and how the evidence supports or challenges it often needs a closer look from an experienced legal professional.
MRD Lawyers can help those in Springfield and southwest Missouri make sense of that evidence. Our experience as former Greene County prosecutors gives us insight into both sides of these cases, helping us anticipate how the prosecution may interpret the evidence, spot weaknesses in the allegations, and build a defense grounded in the facts.
If you’re facing an obstruction of justice charge and want to know more about how to defend your case, schedule a free consultation today for a clear explanation of your situation and options.
Not always; the offense class varies depending on the type of obstruction and the circumstances of the case. In Missouri, hindering prosecution can be either a class A misdemeanor or a class E felony, depending on the class of the original charge being prosecuted. There is no single obstruction of justice penalty for all offense types. In Missouri, the penalty for obstruction of justice can range from a class B misdemeanor (up to six months in jail and $1,000 in fines) to a class D felony (up to seven years in prison and $10,000 in fines). Yes, depending on the type of obstruction charge. In Missouri, for example, a person can still be charged with interfering with a victim even if they fail to dissuade the victim from reporting a crime.Frequently Asked Questions
Is obstruction of justice a felony?
What is the maximum sentence for obstruction of justice?
Can you still be charged with obstruction even if you fail?