Obstruction of Justice Attorney in Jacksonville

Former Prosecutor Insight for Jacksonville Obstruction Charges

A disagreement with a police officer can lead to an obstruction charge, but an arrest alone does not establish that a crime occurred. What the officer was doing, how the encounter unfolded, and whether the accused person's actions interfered with a lawful duty can all affect the case.

At Owenby Law, P.A., our Jacksonville criminal defense attorneys represent clients facing obstruction and resisting-officer allegations. We examine police conduct, statements, recordings, and other available evidence to assess what prosecutors must prove. Our team also evaluates obstruction allegations arising in federal investigations, where different laws and procedures may apply.

Senior Attorney Dustin Nemati began his career as a prosecutor in the Fourth Circuit State Attorney's Office in Jacksonville, where he handled misdemeanor and felony hearings and trials. He is also admitted to practice in the U.S. District Court for the Middle District of Florida. His background informs our review of criminal charges and potential trial issues.

What Is Obstruction of Justice Under Florida Law?

Chapter 843 of the Florida Statutes is titled "Obstructing Justice." It contains several offenses involving interference with law enforcement and other legally authorized activities.

The charge and potential penalties depend on the specific statute prosecutors allege was violated. Obstruction is not one offense with a uniform set of elements or consequences.

Resisting an Officer Without Violence

Florida Statute § 843.02 addresses resisting, obstructing, or opposing an officer or another covered person in the lawful execution of a legal duty without offering or doing violence to the officer.

This offense is classified as a first-degree misdemeanor. A conviction may result in up to one year of imprisonment and a fine of up to $1,000.

The prosecution must establish that the officer or other covered person was performing a legally protected duty and that the accused engaged in conduct constituting unlawful resistance or obstruction.

The circumstances of the interaction matter. A person's words or conduct must be evaluated in relation to the officer's lawful duties rather than assuming that disagreement alone establishes an offense.

Resisting an Officer With Violence

Florida Statute § 843.01 addresses knowingly and willfully resisting, obstructing, or opposing specified officers or legally authorized persons by offering or using violence in the circumstances covered by the statute.

The law also includes provisions concerning violence directed at police canines and police horses working with covered officers.

Resisting with violence is generally classified as a third-degree felony, punishable by up to five years of imprisonment and a fine of up to $5,000.

A defense review may examine the alleged use or threat of violence, the officer's official duties, witness accounts, and evidence showing what occurred.

Obstruction by a Disguised Person

Florida Statute § 843.03 concerns disguising oneself with the intent to obstruct the execution of the law or intimidate, hinder, or interrupt certain people carrying out legally protected duties.

The offense is a first-degree misdemeanor. The statute focuses on the purpose of the disguise and does not require the intended obstruction to succeed.

Because each provision has different elements, identifying the exact charge is essential before evaluating potential penalties or defenses.

State vs. Federal Obstruction of Justice Charges

Florida obstruction offenses and federal obstruction charges are governed by different laws.

State allegations frequently involve claims of resistance or interference with officers performing their duties. Federal obstruction allegations may instead concern efforts to interfere with investigations, witnesses, documents, or official proceedings.

For example:

• 18 U.S.C. § 1512 addresses various forms of witness tampering and interference with testimony, evidence, or official proceedings.
• 18 U.S.C. § 1519 addresses certain intentional acts involving the destruction, alteration, concealment, or falsification of records connected to federal matters or investigations.

The required intent, prohibited conduct, and possible penalties depend on the specific federal provision. The penalties associated with Florida's resisting-officer statutes do not determine the consequences of a federal obstruction charge.

Federal allegations may arise alongside other criminal investigations, including certain white-collar criminal matters.

Our attorneys examine the charging documents, applicable jurisdiction, and evidence to determine which legal requirements and procedures govern the case.

Evidence & Defense Issues in an Obstruction Case

An obstruction allegation may depend on a brief interaction, a disputed statement, or an officer's interpretation of someone's behavior. We review those circumstances in light of the particular charge.

Depending on the allegations, important questions may include:

• Lawful performance of duties: Was the officer or other covered person carrying out a legally authorized duty relevant to the charge?
• Alleged interference: What specific words or actions does the prosecution identify as resistance or obstruction?
• Violence: If the charge involves violence, what evidence supports the alleged conduct?
• Intent: Does the applicable statute require proof of a particular mental state, and what evidence supports that element?
• Witness accounts: Are statements consistent with recordings, documents, and other available evidence?
• Police conduct: Were searches, seizures, interrogations, and evidence collection conducted in accordance with applicable law?

When available evidence raises constitutional or procedural concerns, our attorneys consider whether motions to suppress or other pretrial challenges are appropriate.

We also examine additional charges arising from the same encounter. An obstruction allegation may accompany a DUI, drug-related, or other criminal accusation, but each charge must be evaluated under its own legal requirements.

Our Team-Based Approach to Criminal Defense

We begin by listening to your account, reviewing the allegations, and identifying immediate concerns.

Our attorneys work collaboratively to assess the evidence and potential defense options. We explain relevant legal issues, discuss possible next steps, and prepare for negotiations, hearings, or trial when appropriate.

The defense strategy depends on the actual charge, the available evidence, and the client's circumstances. No particular result can be promised.