In Texas, the crime of obstruction of justice involves intentionally interfering with the legal process. If you are ultimately convicted on this charge, you may face fines and even jail time in some circumstances. Therefore, it’s essential that you contact a skilled criminal defense lawyer in Texas right away. Your lawyer can meet with you to discuss the charge, determine your available legal options, and pursue the best possible result in your criminal case.
Elements That a Texas Prosecutor Must Establish To Obtain a Conviction
For a Texas state prosecutor to secure a conviction for obstruction of justice, they must prove several legal elements beyond a reasonable doubt. Here is a breakdown of what these elements typically include:
- Intentional Act – The prosecutor must prove that the person acted intentionally, which means that the person knew what they were doing and had a deliberate plan to interfere with justice. It is not enough for someone to get in the way of a legal process accidentally or unknowingly. The act must be purposeful.
- Obstructing a Lawful Process – The prosecutor must also show that the act actually obstructed or attempted to obstruct a lawful process. This obstruction can involve interfering with a police investigation, tampering with evidence, lying to law enforcement, or intimidating witnesses. For example, destroying evidence that was being used in a trial or threatening a witness can be considered obstruction of justice.
- Knowledge of the Ongoing Legal Process – The person being accused must have known that a legal process was taking place. For example, they would need to know that a police investigation was underway or that a court case was happening. If someone interferes with a process they did not know existed, they cannot be convicted of obstruction. Knowledge is key to this element.
- The Act Must Be Related to Justice – Finally, the act must be directly related to the legal process including things like investigations, arrests, court proceedings, or evidence collection. Interfering with something that is not part of the legal system, for example, a private disagreement between two people, would not count as obstruction of justice.
Each of these elements is crucial, and if the prosecutor fails to prove any one of them, the accused person cannot be convicted of the crime.
Potential Penalties and Consequences Upon Conviction
In Texas, a conviction for obstruction of justice carries serious penalties and potential long-term consequences. The specific penalties you may face depend on the nature of the obstruction, such as the severity of the interference and the type of legal process affected. Texas law classifies obstruction of justice in various ways, and the penalties can range from misdemeanors to felonies.
Penalties
- Misdemeanor Charges In cases where the obstruction is considered less severe, such as interfering with a minor investigation, the charge may be a Class A or Class B misdemeanor. For a Class A misdemeanor, the penalty can include up to one year in county jail and a fine of up to $4,000. For a Class B misdemeanor, the penalty may be up to 180 days in jail and a fine of up to $2,000.
- Felony Charges – If the obstruction is more serious, such as tampering with evidence or intimidating a witness in a felony case, the charge can escalate to a third-degree felony. A conviction for a third-degree felony can result in a prison sentence of 2 to 10 years and a fine of up to $10,000. In extreme cases, if the obstruction leads to severe outcomes, such as derailing a major investigation or trial, the penalties can be even more severe.
Collateral Consequences
Beyond the legal penalties, a conviction for obstruction of justice can have lasting effects on your life.
- Employment Consequences – Many employers perform background checks, and a conviction for obstruction of justice can make securing a job, especially in fields requiring trust or responsibility, such as law enforcement, education, or government work.
- Loss of Civil Rights – A felony conviction can lead to the loss of certain civil rights, such as the right to vote, serve on a jury, or possess a firearm.
- Consequences for Professional Licenses – If you hold a professional license (e.g., lawyer, doctor, or teacher), a conviction can lead to license suspension or revocation, making it difficult to continue in your profession.
- Immigration Consequences – For non-U.S. citizens, a conviction can result in deportation or make it harder to obtain or renew a visa or green card.
A conviction for obstruction of justice in Texas can result in both immediate legal penalties and long-term personal and professional consequences.
Successfully Defending Against an Obstruction of Justice Charge in Texas
If you are facing an obstruction of justice charge in Texas, there are several potential legal defenses that your lawyer can raise to challenge the allegations. Each case is unique, and the effectiveness of any defense will depend on the specific facts of your situation. Below are some common defenses to an obstruction of justice charge in Texas:
- Lack of Intent – One of the key elements of an obstruction of justice charge is that the act was intentional. If you can demonstrate that you did not knowingly or intentionally interfere with a legal process, your lawyer can challenge the charge. For example, if you mistakenly provided incorrect information to law enforcement or unintentionally disrupted an investigation, this error may not meet the standard of intentional obstruction.
- Lack of Knowledge – To convict someone of obstruction of justice, the prosecutor must prove that the person knew a legal process was underway. If you were unaware that an investigation, court case, or other legal proceedings were happening at the time of your alleged interference, your lawyer could argue that you did not obstruct justice because you lacked the necessary knowledge. Without knowing about the ongoing legal process, it is difficult to argue that you intentionally tried to disrupt it.
- Exercising Constitutional Rights – Another defense is that you were merely exercising your constitutional rights, such as the right to remain silent or the right to legal representation. For example, refusing to answer police questions without an attorney present is not obstruction of justice. In addition, exercising your First Amendment right to free speech in a way that does not deliberately obstruct justice can be a valid defense.
- Coercion or Duress – If you were forced or coerced into obstructing justice, your lawyer could argue that you acted under duress. For example, if someone threatened you with harm unless you tampered with evidence or lied to authorities, you may have a valid defense based on the fact that you were not acting of your own free will.
- Insufficient Evidence – In any criminal case, the prosecution must prove the accused’s (defendant’s) guilt beyond a reasonable doubt. If the evidence against you is weak or unreliable, your defense attorney can argue that the prosecution has failed to meet this burden, leading to a potential dismissal or acquittal of the charges.
Legal Options If You Are Facing a Charge for Obstruction of Justice
If you are facing an obstruction of justice charge in Texas, you have several potential legal options to consider, depending on the specific circumstances of your case. These options generally involve either taking your case to trial or having your lawyer pursue a plea deal with the state prosecutor. Understanding your choices and their possible outcomes is crucial as you move forward with your defense strategy.
- Taking the Case to Trial – One option is to take your case to trial. This route involves contesting the charges in court, where your lawyer will argue your defense before a judge or jury. If you believe you are innocent or the evidence against you is weak, going to trial may be the best option. Your attorney can challenge the prosecution’s case by questioning the credibility of witnesses, exposing flaws in the evidence, or showing that the prosecution failed to prove an essential element of the crime, such as intent or knowledge. If you are found not guilty, you will be acquitted of the charge and face no penalties.
However, trials can be lengthy, expensive, and unpredictable. The prosecution will present their case, and if they can convince the jury that you are guilty beyond a reasonable doubt, you can face significant penalties, including jail time or a criminal record. This option involves a level of risk, but it may be worth it if you have a strong defense.
- Pursuing a Plea Deal – Another option is to have your lawyer negotiate a plea deal with the state prosecutor. In a plea bargain, you agree to plead guilty to a lesser charge or receive a reduced sentence in exchange for avoiding a trial. A plea bargain can be an attractive option if the evidence against you is strong and you wish to avoid the uncertainty of a trial.
A plea deal can result in a more lenient sentence, such as reduced jail time, lower fines, or probation. In addition, it can help you avoid the stress and costs associated with a trial. However, you will still have a criminal conviction on your record, and depending on the deal, you may face some penalties.
Both of these options have potential risks and benefits, so it is important to consult with a good criminal defense lawyer in Texas to determine which path is best for your situation.
How a Criminal Defense Lawyer Can Help If You Are Charged with Obstructing Justice
If you are facing an obstruction of justice charge in Texas, having an experienced criminal defense attorney by your side is crucial. An experienced lawyer can provide guidance, build a strong defense, and protect your rights throughout the legal process. Here are several ways a defense attorney can navigate the situation:
- Understanding the Charges and Legal Process – A knowledgeable defense lawyer will explain the nature of the obstruction of justice charge against you. They will walk you through the legal process, ensuring that you understand what to expect at each stage, including hearings, plea negotiations, and trial procedures. Understanding the charges and legal process is essential to making informed decisions about your defense strategy.
- Investigating the Facts – Your attorney will thoroughly investigate the facts of your case. This investigation may involve gathering evidence, interviewing witnesses, reviewing police reports, and identifying inconsistencies or mistakes in the prosecution’s case. A strong investigation can uncover details that may be crucial to your defense, such as proving you did not intentionally obstruct justice or that you lacked knowledge of the legal process.
- Developing a Defense Strategy – After investigating the facts, your lawyer will work with you to develop a tailored defense strategy, which may involve arguing that you lacked intent, did not know about the ongoing legal process, or were simply exercising your constitutional rights. If the prosecution’s evidence is weak, your lawyer can challenge its credibility and argue that the charges should be dismissed.
- Negotiating a Plea Deal – If the evidence against you is strong, your attorney can negotiate a plea deal with the State Prosecutor. A plea deal can result in a reduced charge or a lighter sentence, such as probation or lower fines. An experienced attorney will know how to negotiate with the prosecutor to get the best possible outcome, thereby avoiding the risks of going to trial.
- Representing You in Court – If your case goes to trial, your attorney will represent you in court, presenting your defense and challenging the prosecution’s evidence. They will cross-examine witnesses, introduce evidence on your behalf, and make arguments to persuade the judge or jury of your innocence.
A criminal defense attorney’s experience and skill are vital to protecting your rights and securing the best possible outcome in your case.
Talk with a Knowledgeable Criminal Defense Lawyer in Texas Today
If you are currently facing the charge of obstruction of justice in Texas, you need legal representation in your corner as quickly as possible. A knowledgeable criminal defense attorney can explain your legal options in clear and easy-to-understand terms. Your attorney can then recommend the best option for your case and circumstances. During all legal proceedings, your lawyer will aggressively advocate for your interests and pursue the best possible result on your behalf.
About The Author:
Brandon Fulgham has an in-depth understanding of both Texas law and Texans themselves. Before practicing law here, he received his undergraduate degree from TCU and his law degree from South Texas College of Law in Houston. After graduation, he worked in District Attorneys’ offices as a prosecutor. Now, he uses that knowledge to anticipate opposing counsel’s arguments and protect the rights of people in and around Fort Worth. His work has been recognized by Expertise (Best Criminal Defense Lawyers in Forth Worth and Best DUI Lawyers in Fort Worth, both 2020), Fort Worth Magazine, and The National Trial Lawyers, just to name a few.
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