Obstruction of Justice in SC: Laws, Penalties & Defenses

Obstruction of justice is a serious offense in South Carolina that can carry severe consequences, including fines and imprisonment. 

This crime generally involves interfering with law enforcement, judicial proceedings, or governmental functions. 

If you or a loved one is facing an obstruction of justice charge, understanding the law, potential penalties, and available defenses is crucial.

What Is Obstruction of Justice in South Carolina?

Obstruction of justice refers to any action that hinders law enforcement officers, court proceedings, or other legal processes. 

Unlike some crimes with a single statutory definition, obstruction of justice in South Carolina encompasses various offenses, including:

• Resisting arrest – Preventing or interfering with an officer attempting to make an arrest.
• Tampering with evidence – Destroying, hiding, or altering evidence related to a criminal investigation.
• Intimidating or bribing a witness – Threatening or offering money to a witness to change their testimony.
• Providing false information – Lying to law enforcement officers during an investigation.
• Impeding an investigation – Deliberately delaying or obstructing an official investigation.

While obstruction of justice can take many forms, the underlying element is the intent to interfere with the administration of justice.

Types of Obstruction of Justice Charges in South Carolina

South Carolina law does not have a single statute defining obstruction of justice. Instead, multiple laws cover different forms of obstruction. 

Some of the most commonly applied statutes include:

1. Resisting Arrest (S.C. Code Ann. § 16-9-320)

Under South Carolina law, resisting arrest is a criminal offense that occurs when a person knowingly and willfully resists, obstructs, or opposes a law enforcement officer attempting to make an arrest.

• If no injury occurs, the charge is a misdemeanor, punishable by up to one year in prison and/or a fine of up to $1,000.
• If the resistance results in bodily harm to an officer, the charge becomes a felony, carrying up to 10 years in prison.

2. Tampering with Evidence

While South Carolina does not have a specific statute explicitly labeled “tampering with evidence,” individuals can be charged under laws related to:

• Destruction of evidence – Destroying or hiding evidence can result in obstruction-related charges.
• Altering evidence – Modifying documents, digital records, or physical evidence to mislead an investigation can lead to serious consequences.

3. Intimidation or Bribery of a Witness (S.C. Code Ann. § 16-9-340 & § 16-9-350)

Attempting to influence a witness by threats, intimidation, or bribery is a felony offense.

• Conviction can result in up to 10 years in prison.
• If force or the threat of force is used, penalties can increase.

4. Misconduct in Office (Common Law & S.C. Code Ann. § 8-1-80)

Public officials who obstruct justice by abusing their power can be charged with Misconduct in Office. 

This offense applies to law enforcement officers, prosecutors, judges, and other public servants who interfere with investigations or court proceedings.

5. False Statements to Law Enforcement (S.C. Code Ann. § 16-17-725)

Lying to a law enforcement officer during an investigation is a misdemeanor punishable by fines and potential jail time.

Penalties for Obstruction of Justice in South Carolina

Penalties for obstruction of justice depend on the specific charge and circumstances of the case. 

Possible penalties include:

• Misdemeanor charges – Fines ranging from a few hundred dollars, to $1,000, and jail time of up to one year.
• Felony charges – Prison sentences ranging from 1 year to 10 years, or more, depending on the severity of the offense.
• Fines and probation – In some cases, courts may impose fines or probation instead of or in addition to incarceration.

Judges consider factors such as prior criminal history, the impact of the obstruction, and whether violence was involved when determining sentences.

Possible Defenses Against Obstruction of Justice Charges

If you are facing an obstruction of justice charge in South Carolina, several defenses may be available depending on the facts of the case. Some common defenses include:

• Lack of Intent: To be convicted of obstruction of justice, the prosecution must prove intent. If the accused did not willfully obstruct justice, this could serve as a strong defense.

• Misunderstanding or Mistake: Sometimes, individuals may unknowingly interfere with an investigation or court proceeding. If a person was unaware that their actions were obstructing justice, this could be used as a defense.

• Violation of Constitutional Rights: If law enforcement obtained evidence against the accused through unlawful means—such as an illegal search or seizure—this could lead to the dismissal of charges.

• False Accusations: In some cases, individuals are wrongly accused of obstruction of justice due to misunderstandings or personal conflicts. Proving that the allegations are false can be a viable defense.

• Insufficient Evidence: The prosecution must present clear and convincing evidence to prove obstruction of justice. If there is not enough evidence to support the charge, the case may be dismissed.

What to Do If You Are Charged with Obstruction of Justice

If you are facing an Obstruction of Justice charge in South Carolina, it is important to take immediate action to protect your rights. Here are some steps to consider:

• Do not speak to law enforcement without legal counsel. Anything you say can be used against you.
• Consult with a South Carolina criminal defense attorney. An attorney can assess your case and help build a strong defense.
• Gather evidence. If possible, collect any documentation, messages, or witness statements that may support your defense.
• Avoid further legal trouble. Comply with all legal requirements and avoid any actions that could be interpreted as further obstruction.

Need Help With Your South Carolina Obstruction of Justice Charge?

Obstruction of justice is a serious charge in South Carolina, with penalties ranging from fines to lengthy prison sentences.

However, there are legal defenses available that may help reduce or dismiss the charges.

If you are under investigation or facing charges, seeking legal counsel as soon as possible is essential.

If you need assistance with an obstruction of justice case, contact a South Carolina criminal defense attorney today for a consultation. 

Having legal representation can make a significant difference in the outcome of your case.