Anaya Nolan
Obstruction of justice is a broad term that covers a wide range of activities that interfere with criminal investigations or the judicial process. In North Carolina, there is no specific statute called obstruction of justice, but there are several laws that criminalize interference with criminal investigations or the judicial process. These laws are covered under different statutes and carry varying levels of punishment. Obstruction of justice crimes in North Carolina can be classified as common law crimes or statutory crimes, and they can range from misdemeanors to felonies, depending on the specific actions taken and the intent behind them.
| Characteristics | Values |
|---|---|
| Definition | Any act that prevents, obstructs, impedes, or hinders public or legal justice |
| Type of Crime | Common law crime or statutory crime |
| Charges | Misdemeanor or felony |
| Sentence | Lengthy prison sentence |
| Examples | Tampering with or forging court documents, tampering with medical records, making false statements, providing misleading information, intimidating witnesses, bribery, perjury, resisting a public officer |
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What You'll Learn
Intimidating or bribing witnesses
In North Carolina, intimidating or bribing witnesses is a serious offence and is considered obstruction of justice. Threatening or intimidating a witness or interfering with them in a way that prevents or deters them from testifying is a crime, as well as attempting to do either act. A person accused of this type of obstruction of justice could face Class G felony charges. If convicted, the crime is punishable as a class G felony.
Witnesses are an important part of the legal process and are required to answer questions honestly. The court closely scrutinises witness testimonies, so if they find evidence that a witness was interfered with or intimidated in any way, this is considered a serious offence. Even indirect actions, such as pressuring a witness through a third party, can lead to charges.
Bribery is the direct or indirect receiving of, or agreement to receive, money or something else of value from another individual in exchange for their influence or other favourable treatment. In the context of the justice system, the law prosecutes state officials who accept or agree to accept bribes in return for using their authority to obstruct or undermine justice. The person offering the bribe to the public official would also be guilty of a class F felony, as long as they knew the person they were bribing was a public official and offered the bribe with the intent to influence them in performing an official act.
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Tampering with evidence or court documents
In North Carolina, if the court finds that someone has tampered with evidence, the judge may instruct the jury to draw a negative inference from that fact. This means that the defendant's actions in hiding or destroying evidence can be held against them. The technical term for tampering with evidence is "spoliation", which refers to the intentional, reckless, or negligent withholding, hiding, altering, fabricating, or destroying of evidence relevant to a legal proceeding.
Tampering with court documents, such as transcripts, warrants, or judgments, with the intention to deceive or hinder the administration of justice, is also considered obstruction of justice. This offence is typically charged as a Class H felony, which can result in a sentence of 4 to 25 months, depending on the person's prior convictions.
It is important to note that the consequences of tampering with evidence or court documents can be severe, and those accused of such offences should take the charges seriously and seek legal representation to protect their rights.
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Providing false statements or misleading information
Obstruction of justice in North Carolina can take many forms, and the state's common law defines it as "any act which prevents, obstructs, impedes, or hinders public or legal justice". Providing false statements, misleading information, or fraudulent reports to law enforcement agencies falls under this definition. This is a serious offence and can result in a Class 2 misdemeanour charge. However, if the investigation relates to a child's disappearance, the charge can be elevated to a Class H felony.
The North Carolina Supreme Court has ruled that creating false entries and deleting other entries in a medical chart, even without any legal proceedings pending or threatened, constitutes obstruction of justice. This is because altering the medical record undermined the plaintiff's investigation of their right to seek a legal remedy. Similarly, in the case of State v. Wright, the defendant, a state representative, was convicted of felony obstruction of justice for filing inaccurate campaign finance reports. The court of appeals rejected the defendant's argument that there could be no obstruction of justice because no criminal investigation or legal proceedings had begun, reasoning that the false reports hindered the ability of the State Board of Elections and the public to investigate and uncover potential illegal activity.
Other examples of providing false statements or misleading information that could constitute obstruction of justice include sending bogus account statements to victims of a Ponzi scheme, removing licence plates from a car used in a robbery, or throwing away drugs while fleeing from the police. These actions could impede or hinder investigations, and therefore may fall under the umbrella of obstruction of justice.
It is important to note that the specific laws and penalties related to obstruction of justice may vary from state to state, and it is always advisable to seek legal counsel for clarification.
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Interfering with law enforcement
In North Carolina, there is no specific statute called obstruction of justice, but there are several laws that involve interference with criminal investigations or the judicial process. These laws are covered under different statutes and are punished with varying levels of severity.
One example of interfering with law enforcement that constitutes obstruction of justice is physically resisting, obstructing, or delaying a law enforcement officer in the performance of their duties. This can include executing a warrant, making a traffic stop, or conducting a criminal investigation. This offence can be charged as a Class 2 misdemeanour if the person willfully and unlawfully resists, delays, or obstructs a public official in their duties. If the person's actions cause serious injury to the officer, the crime is elevated to a Class I felony.
Another way to interfere with law enforcement is by making false statements, providing misleading information, or filing fraudulent reports with law enforcement agencies. This crime is often charged as a Class 2 misdemeanour. However, if the investigation is into a child's disappearance, the offence is elevated to a Class H felony.
Tampering with or forging court documents, such as transcripts, warrants, or judgments, with the intention to deceive or hinder the administration of justice, is also considered obstruction of justice. This offence is typically charged as a Class H felony.
Additionally, intimidating, attempting to intimidate, or threatening witnesses is a serious form of obstruction of justice. This offence can carry up to 47 months imprisonment or probation.
If you are charged with obstruction of justice, it is crucial to take the charges seriously and seek legal assistance. Comply with law enforcement requests, stay calm, and cooperate by providing identification and basic information. It is important to invoke your right to remain silent and request an attorney to protect your rights and prevent self-incrimination.
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Picketing to obstruct legal proceedings
In North Carolina, picketing with the intention of obstructing legal proceedings is considered a Class 1 misdemeanour. This includes picketing within 300 feet of an exit from any building housing a court of the General Court of Justice, or within 300 feet of any building or residence occupied or used by a judge, juror, witness, district attorney, assistant district attorney, or court officer.
Picketing is a broad term and can include parades or the use of sound trucks or similar devices. The offence is committed when there is an intent to interfere with, obstruct, or impede the administration of justice, or to influence any of the aforementioned legal professionals in the discharge of their duties.
The punishment for a Class 1 misdemeanour in North Carolina is a sentence between 1 day and 120 days, depending on prior convictions. For those with no prior convictions, the sentence cannot exceed 45 days, and this must be a community punishment.
Obstruction of justice is a broad category and can include many different acts. In North Carolina, some obstruction crimes are common law crimes, while others are statutory crimes. Common law obstruction of justice involves acts that prevent, obstruct, impede, or hinder public or legal justice. This can include tampering with or forging court documents, such as transcripts, warrants, or judgments, with the intention of deceiving or hindering the administration of justice. This would be charged as a Class H felony.
Other examples of obstruction of justice include making false statements, providing misleading information, or filing fraudulent reports with law enforcement agencies, which is often charged as a Class 2 misdemeanour. If the investigation is into a child's disappearance, the offence may be elevated to a Class H felony. Physically resisting, obstructing, or delaying a law enforcement officer in the performance of their duties can also constitute obstruction of justice and may be charged as a misdemeanour or felony, depending on the circumstances.
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Frequently asked questions
Common law obstruction of justice in North Carolina is defined as "any act that prevents, obstructs, impedes, or hinders public or legal justice". It is considered a Class 1 misdemeanor, with sentences ranging from 1 day to 120 days, depending on prior convictions.
Examples of common law obstruction of justice include tampering with medical records to avoid a malpractice suit, filing inaccurate campaign finance reports, intimidating or threatening witnesses, and bribery.
The penalties for common law obstruction of justice in North Carolina vary depending on the specifics of the case and the presence of aggravating factors. Typically, it is considered a misdemeanor, but it can be elevated to a felony if certain elements are present, such as deceit and intent to defraud. Felony obstruction of justice can result in a prison sentence and fines.
