Ohio Obstructing Justice Lawyer
Charged with Obstruction of Justice? Call Us 24/7
An obstructing justice charge usually means the State believes you helped another person avoid police, prosecution, or punishment, or helped them benefit from a crime. These cases are intent-driven. Prosecutors focus on what you knew, what you did, and whether they can prove you acted with purpose to hinder an investigation or case.
A charge like this can put serious penalties and prison time on the table, especially when the State ties it to an underlying felony. If you’ve been charged with obstruction, the time to speak with a lawyer is now. At Patituce & Associates, our award-winning team can leverage decades of experience to fight for your future and freedom.
When you work with us, you get:
- A top-tier team with 70+ years of combined experience.
- One of only eight board-certified criminal trial specialists in the state (Joe Patituce).
- Former prosecutors who know the “other side.”
- A deep roster of trial lawyers who’ve taken 400+ cases to trial.
Call (440) 771-1175 for a free consultation. Our obstruction of justice attorneys in Ohio are available 24/7 and can defend against these charges anywhere in the state.
What Constitutes Obstructing Justice in Ohio?
Obstructing justice under O.R.C. 2921.32 prohibits purposeful conduct intended to hinder the discovery, apprehension, prosecution, conviction, or punishment of another person for a crime, or to help that person benefit from the commission of a crime. This also applies to conduct involving juveniles where the act aided would be a crime if committed by an adult.
The prohibited conduct covers six categories of activity:
- Harboring or concealing the other person
- Providing the other person with money, transportation, a weapon, a disguise, or other means of avoiding discovery or apprehension
- Warning the other person of impending discovery or apprehension
- Destroying or concealing physical evidence, or inducing any person to withhold testimony, withhold information, or evade legal process
- Communicating false information to any person
- Preventing or obstructing any person through force, intimidation, or deception from performing any act that would aid in the discovery, apprehension, or prosecution of another
One important feature of the statute: a person can be prosecuted for obstructing justice regardless of whether the person they aided was ever apprehended, charged, convicted, or pleaded guilty. The charge stands on its own. However, the crime or act the person aided is used to determine the penalty.
What the State Must Prove
Obstructing justice is a purpose-driven charge. The State must establish more than that the defendant's conduct happened to benefit someone facing criminal exposure.
Prosecutors generally try to prove that:
- The defendant acted with purpose to hinder the discovery, apprehension, prosecution, conviction, or punishment of another for a crime, or to help that person benefit from the commission of a crime
- The defendant engaged in one of the six categories of prohibited conduct under O.R.C. 2921.32(A)
- The underlying crime or act that was aided, which determines the grade and penalty of the offense
Purpose is the critical element. Conduct that coincidentally benefited a person under investigation, or that the defendant undertook without knowledge of the criminal investigation or proceedings, does not satisfy the statute. The State must prove intentional action directed at hindering the process in order to charge someone with obstruction.
How Penalties Are Determined for Obstruction
Unlike most criminal statutes, obstructing justice carries no fixed penalty. The grade of the offense depends entirely on the severity of the underlying crime the defendant is accused of aiding.
- Same-degree misdemeanor — If the underlying crime is a misdemeanor, obstructing justice is charged at the same misdemeanor level
- Fifth-degree felony — If the underlying crime is a felony, unless a higher category applies
- Third-degree felony — If the underlying crime is aggravated murder, murder, or a first- or second-degree felony, and the defendant knew or had reason to believe the crime was one of those offenses
- Second-degree felony — If the underlying crime or act is an act of terrorism or trafficking in persons
- First-degree felony — If the underlying act of terrorism resulted in the death of a person who was not a participant
The practical consequence of this structure is significant.
A person who helps a friend avoid police in connection with a minor misdemeanor faces a misdemeanor charge. A person who does the same in connection with a murder faces a third-degree felony, carrying up to 5 years in prison. Someone who aids a terrorist act that results in a death faces a first-degree felony with up to 11 years in prison.
We understand that your specific situation requires individualized attention, and we are dedicated to providing just that.
No Case is Hopeless
We Don't Back Down. Ever.
Explore some of our recent wins.
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Case Dismissed CLEVELAND V. AL-NAZER (2012 TRC 040781)
Our client was accused of driving while under the influence of drugs, or alcohol.
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Not Guilty At Trial ROCKY RIVER V. D.F.
Client was charged with domestic violence against his wife.
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Plea and Record Expunged STATE V. BAILEY, CUYAHOGA
Client was accused of stealing tens of thousands of dollars worth of property.
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Charges Dismissed State v. Beckwith, Cuyahoga County
Student charged with the manufacturing of ecstasy.
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Case Dismissed STATE V. J.S. (A JUVENILE) YOUNGSTOWN
Local counsel pushed for a plea to one of the sex related charges.
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Acquittal State v. Tevin Biles
Client was identified as one of the alleged shooters at a New Year’s Eve party.
Defending an Obstructing Justice Charge
Because obstructing justice is a purpose-driven offense, effective defense often focuses on what the defendant actually knew, what they intended, and whether the State can tie their conduct to a deliberate effort to obstruct the process.
- Purpose and knowledge. The State must prove the defendant acted with purpose to hinder the criminal process. A person who provided assistance without knowing a crime had been committed, or without intending to obstruct an investigation, did not act with the required purpose. These cases frequently involve close relationships (e.g., family members, friends, romantic partners) in which the motivation for assistance may have had nothing to do with obstructing justice.
- Nature of the conduct. Not every act that incidentally benefits a person under investigation constitutes obstructing justice. Providing housing, lending money, or offering transportation are ordinary acts that do not become criminal unless the State can prove they were undertaken with the specific purpose of aiding that person in avoiding accountability for a crime.
- The underlying offense. Because the penalty scales with the underlying crime, contesting what that crime actually was, or whether it rises to the level prosecutors claim, directly affects sentencing exposure. In cases where the underlying offense is disputed or has not resulted in a conviction, challenging the State's characterization of it can have real consequences for how the charge is graded.
- False information and inducing testimony. Charges based on communicating false information or inducing a witness to withhold testimony often rest on the statements of other witnesses. Attacking the credibility of those witnesses and scrutinizing the circumstances under which those statements were made is a central part of the defense in these cases.
Common Questions About Obstructing Justice
Can I Be Charged with Obstructing Justice If the Person I Helped Was Never Convicted?
Yes. Ohio law expressly provides that a person can be prosecuted for obstructing justice regardless of whether the person aided was ever apprehended, charged, convicted, or pleaded guilty. The charge is independent of the outcome of the underlying case.
What Is the Difference Between Obstructing Justice and Obstructing Official Business in Ohio?
Obstructing official business under O.R.C. 2921.31 covers interference with a public official in the performance of their duties through a physical act or affirmative conduct. Obstructing justice under O.R.C. 2921.32 specifically involves conduct intended to help another person avoid criminal accountability. The two charges are distinct and can be filed together when the conduct alleged implicates both statutes.
Does Obstructing Justice Require That a Crime Actually Occurred?
The State must identify an underlying crime or act that the defendant allegedly aided in concealing or escaping. However, the person aided does not need to have been charged or convicted of that crime. The underlying offense is used to grade the penalty, not as an independent element that the State must prove beyond a reasonable doubt in the obstruction case itself.
What If I Did Not Know the Person Was Under Investigation?
Knowledge of an active investigation is not strictly required. The statute covers conduct intended to hinder discovery and apprehension, not just ongoing prosecutions. However, if the defendant had no knowledge that any crime had occurred or that the person they assisted was in any legal jeopardy, establishing the required purpose becomes significantly more difficult for the State.
Don't Wait to Get Started on Your Defense
If you’re being investigated or charged with obstructing justice under O.R.C. 2921.32, involving a defense attorney is vital. Our Ohio obstruction of justice lawyers are available 24/7.
Call (440) 771-1175 or contact us online for a free consultation.
