Obstruction of Justice

Obstruction of Justice in Texas: Legal Overview and Penalties

In Texas, “obstruction of justice” encompasses various offenses that interfere with the legal process, including tampering with evidence, hindering law enforcement, and retaliating against public servants. These offenses are codified under Texas Penal Code Title 8, Chapter 36, and Chapter 37, and are subject to varying degrees of penalties based on the severity of the conduct.(Texas Criminal Defense Group)

Key Offenses Under Texas Law

1. Obstruction or Retaliation (Penal Code §36.06)
   This offense involves intentionally or knowingly harming or threatening to harm another person by an unlawful act:

   • In retaliation for or on account of the service or status of another as a public servant, witness, prospective witness, or informant.

   • To prevent or delay the service of another in such capacities.

   • Posting on a publicly accessible website the residence address or telephone number of an individual the actor knows is a public servant or a member of a public servant’s family or household with the intent to cause harm or a threat of harm.(Findlaw)

   Penalties:

   • Third-degree felony: 2 to 10 years in prison and a fine up to $10,000.

   • Second-degree felony: 2 to 20 years in prison and a fine up to $10,000, if the victim was harmed or threatened because of their service as a juror or if the offense results in bodily injury to a public servant or their family member. (Saputo ✭ Toufexis)

2. Tampering with Evidence (Penal Code §37.09)
   This offense involves altering, destroying, or concealing physical evidence with the intent to impair its availability for an official proceeding or investigation.

   Penalties:

   • State jail felony: 180 days to 2 years in jail and a fine up to $10,000. (Texas Criminal Defense Group)

3. Hindering Apprehension or Prosecution (Penal Code §38.05)
   This offense involves providing assistance to a person who has committed a felony or is a fugitive from justice, with the intent to hinder their apprehension or prosecution.

   Penalties:

   • Class A misdemeanor: Up to 1 year in jail and a fine up to $4,000.

4. Resisting Arrest, Search, or Transportation (Penal Code §38.03)
   This offense involves intentionally preventing or obstructing a person the actor knows is a peace officer or a person acting in a peace officer’s presence and at their direction from effecting an arrest, search, or transportation of the actor or another by using force against the peace officer or another.

   Penalties:

   • Class A misdemeanor: Up to 1 year in jail and a fine up to $4,000.

Recent Legal Developments

In April 2021, a Hearne man was charged with obstruction or retaliation after allegedly threatening to blow up the Brazos County Courthouse if his children were removed from his custody. This case highlights the serious nature of obstruction or retaliation offenses and the potential legal consequences involved. (Varghese Summersett)

Obstruction of justice offenses in Texas are taken seriously and carry significant penalties. The severity of the offense and the corresponding penalty depend on the specific conduct and circumstances involved. Individuals facing such charges should seek legal counsel to navigate the complexities of the legal system and ensure a fair trial.