Obstruction of Justice Attorney

Obstruction of justice in Rhode Island covers a range of conduct interfering with law enforcement, court proceedings, or witnesses. Common obstruction charges include obstructing a police officer in the execution of duty, witness tampering, evidence tampering, bribery of public officials, and perjury. The charge is often added to a primary criminal case as a stacking charge, increasing the defendant's overall exposure. Penalties scale from misdemeanor (up to 1 year jail) for simple obstruction to felony with multi-year prison exposure for witness tampering or evidence destruction. Federal obstruction charges add years on top under the Federal Sentencing Guidelines.

Obstructing a police officer in Rhode Island is interfering with an officer's lawful execution of duty under R.I. Gen. Laws § 11-32-1. The charge is typically a misdemeanor with up to 1 year jail and fines. Common scenarios include physically interfering with an arrest, providing false information to officers, running from police, hiding evidence during a search, or actively blocking police action. The conduct must interfere with a LAWFUL officer action — defense work often focuses on whether the underlying police conduct was actually lawful. Obstruction is frequently added to other charges and is one of the most common stacking charges in Rhode Island criminal cases.

Obstruction of justice penalties in Rhode Island scale dramatically by the specific charge. Simple obstruction of a police officer (misdemeanor) carries up to 1 year jail and fines. Witness tampering is a felony with up to 5 years prison. Evidence tampering is a felony with multi-year prison exposure. Bribery of public officials is a felony with up to 7 years prison. Perjury is a felony with up to 7 years prison. Federal obstruction charges (18 U.S.C. § 1503) carry up to 10 years prison and apply when the obstruction targets federal proceedings or federal agency investigations. Many obstruction cases run alongside primary charges, adding to overall exposure.

Yes. Rhode Island obstruction charges can be defended through several angles. The lawfulness of the underlying police conduct is critical — if the officer was not acting lawfully (illegal stop, unlawful order), obstruction of that conduct may not be criminal. Defense angles include challenging the lawfulness of the officer's action, contesting whether the defendant actually interfered (running from police is not always obstruction), arguing First Amendment protected speech, and challenging the intent element (negligence is not the same as willful obstruction). Obstruction stacking charges can often be reduced or dismissed when the primary charge is defended successfully, since the obstruction was tied to the underlying case.

Witness tampering in Rhode Island is the use of threats, force, bribery, or other unlawful means to influence a witness's testimony or prevent them from testifying. It is a felony charge under R.I. Gen. Laws § 11-32-5 with penalties up to 5 years in prison. The charge frequently arises in domestic assault cases (defendant contacts alleged victim despite no-contact order) and other cases involving complaining witnesses. Federal witness tampering under 18 U.S.C. § 1512 carries even higher penalties. Defense angles include contesting the intent to influence testimony, arguing protected communication, and challenging whether the contact was actually witness tampering versus innocent communication.

Sometimes. Lying to police can support an obstruction charge in Rhode Island when the false statements actually interfere with the investigation or are provided in a sworn context. Giving a fake name during arrest, providing false alibis to support another person's innocence, and obstructing identification can all support obstruction charges. However, refusing to answer questions (silence) is NOT obstruction — that is your Fifth Amendment right. Federal false statement charges under 18 U.S.C. § 1001 apply to lies to federal agents and carry up to 5 years prison. Defense work often focuses on whether the statements were actually false and whether they materially affected the investigation.

Yes — and it commonly is. Obstruction of justice in Rhode Island is one of the most frequent stacking charges, added to primary cases when the defendant interfered with the investigation, arrest, or court process in any way. The stacking increases overall exposure and gives prosecutors leverage in plea negotiations. Defense work often focuses on resolving obstruction charges alongside the primary case — if the primary charge is reduced or dismissed, the obstruction charge often follows. Skilled defense counsel can sometimes negotiate the obstruction away entirely as part of resolving the primary case, eliminating the additional record and penalty.

Yes. Obstruction of justice charges in Rhode Island carry potential jail time, a permanent criminal record, and stacking exposure that compounds primary case penalties. Witness tampering and evidence tampering are felonies with multi-year prison exposure. A defense lawyer can challenge the lawfulness of the underlying police conduct, contest the intent element, negotiate dismissal alongside the primary case, and represent you at every stage. Even a misdemeanor obstruction conviction creates a permanent record that signals to future employers and law enforcement that you have a history of interfering with police. The cost of legal counsel is minor compared to the long-term cost. Call Attorney Chad F Bank at 401-573-2265.