What Can Happen If You Obstruct Official Business
Colin Maher, 09 August 2024
What is obstructing official business?
In Ohio, obstructing official business has serious consequences. Obstructing official business can include lying to the police or hiding someone who is fleeing the law. It can also occur if you warn someone that the police intend to arrest him or her. It is also considered obstructing official business if you give money, a ride, a weapon, or any means of getting away from police to someone who is fleeing justice. It must be an affirmative act on your part in order to be considered obstruction, meaning that failing to act is not an affirmative action. It can also be charged if you are the individual who is fleeing justice.
This statute can also apply to obstructing the official business of anyone acting in their official capacity, not only the police, but other government officials as well. Theoretically, as an example, if you refused access to the person who reads the water meters you could be charged with obstructing official business.
Different Types of Obstruction of Official Business
Obstruction of official business can take many forms, but generally falls into these categories:
1. Physical Obstruction
- Direct interference: Physically blocking or preventing an official from carrying out their duties.
- Interference with equipment: Tampering with or damaging equipment used by officials.
- Creating physical hazards: Deliberately creating dangerous conditions to impede officials.
2. Verbal Obstruction
- Threats: Making threats of violence or harm against officials or their families.
- Intimidation: Using intimidation tactics to discourage officials from performing their duties.
- Verbal abuse: Using offensive or abusive language towards officials.
3. Other Forms of Obstruction
- Misinformation: Providing false or misleading information to officials.
- False accusations: Making false accusations against officials.
- Interference with witnesses: Coercing or intimidating witnesses to prevent them from cooperating with officials.
Potential Consequences of Obstructing Official Business
The charge is a second-degree misdemeanor, and as such carries serious penalties. If you’re convicted, you could spend up to 90 days in jail and face up to a $750 fine. If the obstruction created a risk of physical harm to anyone, it then becomes classified as a fifth-degree felony, and can be punished by up to one year in jail. Beyond those penalties are the life-changing consequences of a permanent criminal record. This could cause serious problems for your current employment and will definitely impact your ability to get future employment or maintain professional licenses.
Obstruction of official business can have severe consequences, both criminal and civil.
Criminal Penalties
- Fines: You may be required to pay a substantial fine.
- Jail Time: Depending on the severity of the obstruction, you could face imprisonment.
- Probation: You may be placed on probation, which involves restrictions and supervision.
- Record of Conviction: A criminal conviction can have long-lasting consequences, such as difficulty finding employment or housing.
Civil Penalties
- Lawsuits: You may be sued by the government or the individual or entity whose business was obstructed.
- Damages: You may be ordered to pay damages to compensate for the harm caused by your actions.
Personal Consequences
- Damage to Reputation: A conviction for obstructing official business can tarnish your reputation.
- Strain on Relationships: The stress and consequences of the offense can strain your relationships with family and friends.
- Loss of Opportunities: A criminal record can limit your future opportunities, such as education, employment, and housing.
How to Avoid Obstruction of Official Business
To avoid obstructing official business, it’s essential to understand your rights and responsibilities when interacting with law enforcement and government officials. Here are some tips:
Interacting with Law Enforcement and Government Officials
- Be respectful and cooperative: Treat officials with courtesy, even if you disagree with their actions.
- Follow instructions: Comply with lawful instructions given by officials.
- Ask questions: If you’re unsure about your rights or the situation, don’t hesitate to ask questions.
- Avoid confrontations: Try to remain calm and avoid confrontations, as they can escalate the situation.
- Document interactions: If you feel your rights are being violated, consider documenting the interaction, such as taking notes or recording audio or video.
Understanding Your Rights and Obligations
- Know your rights: Familiarize yourself with your rights under the law, including the right to remain silent and the right to an attorney.
- Understand your obligations: Be aware of your obligations to cooperate with law enforcement and government officials within the bounds of the law.
- Seek legal advice: If you’re unsure about your rights or obligations, consult with an attorney.
There are ways in which to defend against these charges. An attorney can help you explore the specific circumstances of the charges brought against you and determine if there are valid defenses.
Do You Need a Criminal Defense Attorney in Columbus, Ohio?
If you are facing criminal charges of obstructing official business in Columbus, Ohio, you need an attorney who knows the law and can help you navigate these serious charges. Get the representation of a skilled and trusted attorney who can give you the help you need. The Maher Law Firm can help make sure that your rights are protected. Founding attorney, Colin Maher, has in-depth knowledge and experience working with criminal defense cases and he will put his skills at your service. Call The Maher Law Firm today for a free consultation at 614-205-2208 or contact us online.