Las Vegas Federal Obstruction of Justice Defense Attorney
Obstruction of justice is a serious federal crime involving any act that interferes with the administration of justice, including tampering with witnesses, destroying evidence, or impeding a federal investigation. Charged under 18 U.S.C. § 1503, obstruction of justice is prosecuted aggressively by federal authorities, especially in cases involving complex criminal schemes or public corruption. A conviction for obstruction of justice can lead to significant penalties, including lengthy prison sentences and heavy fines.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, has extensive experience defending clients against obstruction of justice charges in federal court. If you are facing allegations of obstructing an investigation or legal proceedings, Josh Tomsheck can help you navigate the complexities of federal law and provide you with a robust defense.
What Is Obstruction of Justice?
Obstruction of justice, as defined under 18 U.S.C. § 1503, involves any action taken with the intent to obstruct or impede the due administration of justice. This broad definition includes a wide range of conduct, from influencing or intimidating witnesses to destroying evidence or tampering with official proceedings. To convict someone of obstruction of justice, federal prosecutors must prove the following elements:
Obstructive Act: The defendant committed an act that interfered with the administration of justice, such as destroying evidence, lying to investigators, or attempting to influence witnesses.
Intent: The defendant acted with the intent to obstruct, impede, or influence the legal process.
Connection to a Judicial Proceeding: The obstruction must relate to an ongoing or pending judicial proceeding, investigation, or trial.
Obstruction of justice can apply to various stages of the legal process, including investigations by federal agencies, grand jury proceedings, trials, and sentencing hearings. It is a crime not only to directly obstruct justice but also to conspire or attempt to do so.
Case Law and Legal Precedents for Obstruction of Justice
Several key cases have shaped how obstruction of justice is prosecuted under federal law. In Arthur Andersen LLP v. United States, 544 U.S. 696 (2005), the Supreme Court overturned a conviction for obstruction of justice, ruling that prosecutors must prove that the defendant acted with “corrupt intent” to impede an official proceeding. This case underscored the importance of proving specific intent in obstruction cases and established that merely influencing or persuading others to alter behavior is not enough to convict someone of obstruction.
In United States v. Aguilar, 515 U.S. 593 (1995), the Supreme Court held that there must be a direct nexus between the obstructive act and the proceeding it was intended to influence. This decision clarified that the defendant must have knowledge of the pending judicial proceeding, and the obstructive act must have a likely impact on that proceeding for the charges to hold.
Another significant case is United States v. Young, 955 F.3d 608 (7th Cir. 2020), where the court emphasized that lying to law enforcement officers or providing false statements in an attempt to impede an investigation can constitute obstruction of justice, even if the defendant was not involved in the underlying crime.
Penalties for Obstruction of Justice
Obstruction of justice is a felony offense that carries severe penalties, especially in cases involving ongoing federal investigations or court proceedings. The penalties for obstruction of justice under 18 U.S.C. § 1503 include:
Fines: A conviction for obstruction of justice can result in fines of up to $250,000 or more, depending on the circumstances of the case and whether the obstructive act resulted in harm to the judicial process.
Imprisonment: The statutory maximum penalty for obstruction of justice is up to 10 years in federal prison. In cases involving more serious attempts to interfere with justice, such as tampering with a federal investigation, longer sentences may be imposed.
Additional Penalties: Defendants convicted of obstruction of justice may also face forfeiture of any property or assets obtained through the obstructive act, as well as disqualification from holding certain positions of authority, such as public office or law enforcement.
The U.S. Sentencing Guidelines provide an advisory sentencing range for obstruction of justice cases, considering factors such as the impact of the obstructive act on the judicial process, the defendant's role in the offense, and any aggravating or mitigating circumstances. Judges generally follow these guidelines but have discretion to impose sentences based on the specifics of the case.
Federal Investigations and Obstruction of Justice Charges
Obstruction of justice cases are typically investigated by federal agencies such as the Federal Bureau of Investigation (FBI) and the Department of Justice (DOJ). These investigations often involve reviewing communications, emails, financial records, and witness statements to determine whether the defendant took any actions intended to impede justice. Investigations may also involve undercover operations or wiretaps to gather evidence of attempts to interfere with an investigation or court proceeding.
In some cases, obstruction of justice charges are brought in connection with larger investigations into public corruption, fraud, or organized crime. For example, individuals who attempt to destroy documents or intimidate witnesses during an investigation into white-collar crimes may face obstruction charges alongside other criminal offenses.
If you are under investigation for obstruction of justice or have been charged with interfering with a federal investigation or judicial proceeding, it is critical to seek legal representation as soon as possible. Obstruction of justice charges can be complex, and early legal intervention can help protect your rights and avoid incriminating yourself during the investigation.
Defenses Against Obstruction of Justice Charges
At Hofland & Tomsheck, we take a comprehensive approach to defending clients against obstruction of justice charges. By carefully analyzing the facts of the case and challenging the government's evidence, we work to build a strong defense. Common defenses against obstruction of justice charges include:
Lack of Intent: One of the key elements of obstruction of justice is intent. If the defendant did not act with the specific intent to obstruct or impede the judicial process, this can serve as a defense. For example, if the defendant unknowingly destroyed documents or provided inaccurate information without the intent to mislead investigators, the charges may not hold.
No Connection to Judicial Proceeding: Obstruction charges require that the obstructive act be connected to an ongoing or pending judicial proceeding or investigation. If the defendant was not aware of the proceeding or investigation, or if there was no direct impact on the judicial process, this can serve as a defense.
Challenging Evidence: Obstruction of justice cases often rely on circumstantial evidence, such as communications, financial records, or witness statements. By challenging the admissibility of evidence or questioning the credibility of key witnesses, we can raise doubts about the government's case.
Entrapment: In some cases, individuals may have been coerced or encouraged by law enforcement to commit an obstructive act, such as tampering with evidence or influencing a witness. If we can demonstrate that the defendant was entrapped by federal agents, this can serve as a defense.
Sentencing Guidelines for Obstruction of Justice
Federal sentencing for obstruction of justice is governed by the U.S. Sentencing Guidelines, which provide an advisory sentencing range based on several factors:
Impact on Judicial Process: Cases in which the obstructive act significantly impedes a federal investigation or court proceeding may result in enhanced penalties.
Role in the Offense: Defendants who play a leadership role in organizing or directing the obstructive act, such as orchestrating the destruction of evidence or coordinating witness tampering, may face more severe penalties.
Prior Criminal History: Individuals with a history of prior convictions or repeated obstructive conduct may face harsher sentences under the guidelines.
Federal judges have discretion in applying the guidelines and may consider aggravating or mitigating factors when determining the appropriate sentence for obstruction of justice cases.
Why Choose Josh Tomsheck for Your Obstruction of Justice Defense
When facing obstruction of justice charges, having an experienced defense attorney is crucial to protecting your rights and navigating the complexities of federal law. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a deep understanding of obstruction laws and a proven track record of defending clients against serious federal charges.
As a former prosecutor, Josh understands how the government builds its case and can anticipate the prosecution's strategies. He develops tailored defense strategies designed to challenge the government's evidence, discredit witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized, aggressive defense for clients facing serious federal charges.
Schedule Your Free, Confidential Consultation Today
If you are facing federal obstruction of justice charges or are under investigation by federal authorities, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal obstruction of justice charges.
