Have you ever thought that something as simple as deleting an email could get you into legal trouble? If you remember the famous Sarah Palin case, then you know the answer is—yes.
When your actions interfere with a criminal investigation, you might be accused of cutting off the path of justice, which the law calls obstruction of justice.
Obstruction of justice is a charge that covers a wide range of actions, some of which might seem harmless at first. From giving false information to hiding evidence or pressuring a witness, even small decisions can carry serious legal consequences in North Carolina.
If you’re not sure what obstruction of justice is, what actions count, or what penalties you could face, this guide will walk you through the facts. Whether you’re under investigation or already charged, knowing your rights is the first step to protecting yourself.
What the Law Says About Obstruction of Justice
At its core, obstruction of justice means doing something that blocks or disrupts the legal process. Under North Carolina common law, a person commits obstruction of justice if they willfully and unlawfully try to prevent, delay, or mislead public justice. That could mean interfering with a court case, a police investigation, or any legal proceeding.
To convict someone of this crime, the state has to prove two key things:
- The person acted on purpose, not by accident.
- Their actions blocked or attempted to block the justice system.
If you’ve been wondering what obstruction of justice is and what actions count, it’s important to know that even small choices, like deleting a message or telling a lie, can lead to serious consequences if they disrupt an investigation or court process.
Is Obstruction of Justice a Felony or Misdemeanor?
Obstruction of justice in North Carolina can be charged as either a misdemeanor or a felony—it all depends on how serious the act was.
In most cases, obstruction is treated as a Class 1 misdemeanor. That’s still serious. If convicted, you could face up to 120 days in jail, plus fines and court costs. This applies when someone knowingly interferes with justice, but without deceit or violence.
However, the charge becomes a felony when the actions are more severe. Here’s when that happens:
- You acted with deceit and an intent to defraud
- The crime is considered infamous (damaging public trust, such as in State v. Wright)
- Your actions involved malice and secrecy
In these cases, obstruction of justice can be charged as a Class H felony or higher. That could mean years in prison, probation, and a permanent criminal record.
Common Obstruction of Justice Offenses in North Carolina
When people ask what obstruction of justice is, they’re often surprised by how many different actions fall under that label. In North Carolina, several offenses are considered forms of obstruction, even if they don’t all carry the same penalty. Some are misdemeanors, others are felonies, and a few can even lead to federal charges.
Here are some of the most common obstruction-related crimes and how the law treats them:
Bribery – Paying for Influence
Offering or accepting something of value in exchange for influencing an official act, like a judge’s ruling or a police officer’s actions, is considered bribery.
In North Carolina, this is a Class F felony, punishable by up to 59 months in prison.
Perjury – Lying Under Oath
Lying under oath in court or during an official hearing is known as perjury. This is a direct form of obstruction of justice because it blocks the truth from coming out.
It’s also a Class F felony, with a potential penalty of up to 59 months in prison.
False Reports – Lying to Police
Making up a crime or giving false information to the police can also be charged as obstruction.
In North Carolina, this is usually a Class 2 misdemeanor, punishable by up to 60 days in jail, but it can lead to more serious charges if it causes significant delays or harm.
Destroying Evidence – Hiding the Truth
Tampering with evidence—whether by deleting files, throwing something away, or breaking into a place to steal it—is a serious offense.
Depending on the case, this kind of obstruction can lead to felony charges and up to 24 months in prison, plus possible probation.
Failure to Appear – Skipping Court
If you’re out on bail and willfully skip your court date, you may be charged with obstruction of justice.
For misdemeanor cases, this is a Class 2 misdemeanor. If your original charge was a felony, skipping court could lead to a felony obstruction charge, too.
Witness Intimidation – Threatening Testimony
Trying to stop someone from testifying (or threatening them in any way) is one of the most serious forms of obstruction.
In North Carolina, this can carry up to 47 months in prison or probation, depending on the circumstances.
What Are the Consequences of an Obstruction Conviction?
Whether you’re facing a misdemeanor or a felony, a conviction for obstruction of justice can change your life. Beyond jail time and fines, it can also affect your job, your reputation, and even your ability to get certain professional licenses.
Here’s what’s at stake:
- Jail or prison time – Misdemeanor obstruction charges can lead to up to 120 days in jail, while felony charges may result in months or even years in prison, depending on the offense and your prior record.
- Fines and court costs – You could face hundreds or thousands of dollars in fines, along with court fees and restitution.
- Probation – In some cases, the court may impose supervised or unsupervised probation, which comes with strict conditions.
- Permanent criminal record – A conviction for obstruction stays on your record and can appear in background checks for jobs, housing, or professional opportunities.
- Impact on your future – Employers, licensing boards, and even immigration officials may view an obstruction conviction as a sign that you’re dishonest or untrustworthy.
If you’re wondering what an obstruction charge could cost you, the answer depends on your exact charges and how your case is handled. One thing is clear—these cases are serious, and the consequences can follow you long after the case ends.
What to Do If You’re Under Investigation or Charged
If you’ve been accused of obstruction of justice, or even think you might be under investigation, what you do next can make all the difference. These cases often start with something small, like a text message, a deleted file, or a misunderstood conversation, and quickly grow more serious.
Here’s what to do right away:
- Don’t speak to the police without a lawyer – Even if you believe you’re helping, anything you say can be misunderstood or used against you. Politely ask for an attorney before answering questions.
- Don’t destroy or delete anything – Deleting messages, emails, or documents can turn a simple mistake into a criminal charge. Preserve anything that could be seen as evidence, even if it seems unimportant.
- Avoid talking about your case – That includes texts, phone calls, social media, and casual conversations. What feels like venting could be used as evidence or misunderstood by others.
- Get legal help immediately – A skilled criminal defense attorney can help you understand what’s happening, protect your rights, and build a defense before things spiral.
If you’re wondering what obstruction of justice is and whether you’ve crossed a legal line, don’t try to figure it out alone. These cases are complex, and acting early can be the key to protecting your future.
Charged with Obstruction of Justice? Let’s Explore Your Options
Being accused of obstruction of justice doesn’t automatically mean you’re guilty. These charges are serious, and they can move quickly. Whether it started with a deleted message, a heated conversation, or a misunderstanding with law enforcement, your future could be at risk.
At Kurtz & Blum, we’ve spent decades defending people across North Carolina in complex criminal cases, including obstruction and related charges. We understand how prosecutors build their case and what it takes to fight back. You don’t have to face this alone.
Contact us today for a confidential consultation if you’re under investigation or have already been charged. We’re here to protect your rights—and your future.
