Chicago Obstruction of Justice Defense Attorney

Obstruction of Justice: A Comparative Overview of Federal and Illinois Laws

Obstruction of justice is a criminal offense that involves interfering with the judicial process. This crime is punishable under both federal and state laws, and it can take many forms, including but not limited to, lying to investigators, destroying evidence, or tampering with witnesses. This article delves into the intricacies of obstruction of justice laws, focusing on federal statutes and those specific to the state of Illinois.

Federal Statutes on Obstruction of Justice

In the United States, federal statutes concerning obstruction of justice are primarily found in Title 18 of the United States Code. Here are some of the key statutes:

• 18 U.S.C. § 1503: Addresses obstruction of justice in the context of judicial proceedings. This law makes it a crime to influence or injure an officer, juror, or witness.
• 18 U.S.C. § 1512: Deals with witness tampering. It criminalizes the act of killing, intimidating, or otherwise tampering with a witness, informant, or juror.
• 18 U.S.C. § 1519: Specifically aimed at the destruction of evidence. This law makes it illegal to knowingly destroy or conceal records, documents, or objects with the intent to obstruct an investigation.

Illinois State Statutes on Obstruction of Justice

In Illinois, obstruction of justice is covered under the Illinois Compiled Statutes (ILCS):

• 720 ILCS 5/31-4: Defines obstruction of justice as destroying evidence, providing false information, or inducing a witness to provide false information.

Key Differences Between Federal and Illinois Laws

1. Scope: Federal laws generally have a broader scope and can apply to cases that cross state lines or involve federal officials, whereas Illinois laws apply within the jurisdiction of the state.
2. Penalties: Federal penalties for obstruction of justice often include more extended prison sentences and larger fines compared to Illinois state penalties.
3. Agencies Involved: Federal charges typically involve investigation by federal agencies such as the FBI, whereas state charges involve local police and the Illinois State Police.

Penalties for Obstruction of Justice

Federal Penalties

• Imprisonment up to 20 years for tampering with a witness, victim, or informant.
• Fines as determined by the federal sentencing guidelines.
• Forfeiture of assets used to facilitate the crime.

Illinois Penalties

• Classified as a Class 4 felony, which can lead to 1-3 years in prison.
• Fines up to $25,000.

Possible Legal Defenses

Federal and Illinois

Lack of Intent: The prosecution must prove that the accused had the intent to obstruct justice. Showing that actions were taken without malicious intent can serve as a defense.

Insufficient Evidence: Proving that the evidence presented by the prosecution is inadequate to support the charges can also be a valid defense.

Misinterpretation or Misunderstanding: Sometimes actions may be misunderstood or misinterpreted. Providing a plausible alternative explanation can serve as a defense.

First Amendment Rights: Sometimes, defense attorneys argue that their client’s actions are protected under the First Amendment, which guarantees the right to free speech. However, this is a complex area of law, and such a defense rarely succeeds in full but may mitigate circumstances.

Vagueness of the Law: Another defense could be that the federal statute under which the person is charged is too vague or overly broad, thus failing to provide an average citizen adequate notice of what conduct is prohibited.

No Official Proceeding: In some instances, the defense might argue that no “official proceeding” was taking place at the time of the alleged obstruction, a requirement under some federal statutes.

Actual Innocence: This defense hinges on proving that the defendant did not commit the act for which they are accused. Unlike ‘lack of intent,’ this defense asserts that the alleged conduct did not happen at all.

Duress: Sometimes the defense might argue that the accused was under duress while obstructing justice. However, this is often hard to prove and may not completely absolve the defendant but could result in lesser penalties.

Legal Implications and the Importance of Legal Counsel

Facing charges for obstruction of justice, either under federal or Illinois law, is a serious matter that could have significant implications, including imprisonment and heavy fines. Legal strategies can vary significantly depending on whether the charges are federal or state. Therefore, it is critical to consult a knowledgeable attorney to guide you through the legal intricacies.

Obstruction of justice is a severe offense punishable under both federal and Illinois state laws. Each has its own set of statutes, penalties, and potential defenses. Understanding these can be crucial when facing such charges, making expert legal counsel indispensable.

Aggressive Chicago Criminal Defense Lawyer with Decades of Experience

Over the past two decades, David L. Freidberg has gained a dearth of knowledge on the Illinois Compiled Statutes Criminal Code, evidence, rules of criminal procedure, and the U.S. Constitution. David L. Freidberg strives to combine his training, experience, skills, and passion for serving vulnerable communities to provide clients with unparalleled representation. To schedule a free consultation, contact The Law Offices of David L. Freidberg 24/7 at (312) 560-7100 or toll free at (800) 803-1442.