Obstructive Charges and How They Can Affect Your Case
Oct. 27, 2026
Obstruction, more commonly known as obstruction of justice, is a serious charge that can result in considerable criminal penalties. These charges typically involve interfering with, derailing, hindering, or otherwise delaying a criminal investigation or certain individuals while performing their duties, and they can be levied against individuals both under and outside of a criminal case.
If you have been charged with obstruction, it’s essential to speak with an attorney immediately. These charges are prosecuted quickly and vigorously, and our experienced criminal defense attorney at Dan Mellen, Attorney at Law, can help you develop strategies to aid your defense.
With offices in Vancouver and Longview, Washington, we serve clients throughout Clark County and Cowlitz County. Contact us to schedule a free initial consultation.
What Is an Obstructive Charge?
Obstructive charges refer to intentionally hindering, interfering with, derailing, delaying, or otherwise preventing government employees, law enforcement officers, or hospital workers from performing their duties. These charges are treated seriously under Washington law and can take multiple forms:
Evidence tampering or destruction: This can include shredding, hiding, or destroying physical documents, deleting or altering digital files, discarding a weapon, or any other action that affects key evidence during a criminal investigation.
Witness and jury tampering: This can include harassing, threatening, or bribing potential witnesses or jury members to influence their testimony, provide false statements, or refuse to testify at all.
Resisting law enforcement: This involves refusing to listen to law enforcement orders and instructions and can include fleeing or fighting during an arrest or helping someone else escape arrest.
First-degree malicious mischief: This includes intentionally damaging, destroying, or otherwise tampering with government or hospital equipment, such as police cars or ambulances.
Felony harassment: This typically involves threatening government, law enforcement, or healthcare workers while they are performing their duties.
Providing intentionally false statements: This includes knowingly and willfully providing statements to law enforcement or government officials during a criminal investigation.
Interfering with a healthcare facility: This involves consciously impeding a healthcare or hospital worker from performing their duties.
In Washington, obstructive charges rely heavily on intent. Simply making a mistake, not remembering something correctly, or being confused is not enough to warrant obstructive charges. Instead, the prosecution must prove that your actions were intentional and that you acted to knowingly corrupt the outcome of an investigation, courtroom proceeding, or hospital procedure.
How Can Obstructive Charges Affect Your Case?
If you are involved in a case and have been charged with obstruction, you will likely face increased and/or additional penalties. Obstruction is typically charged as a felony and can turn relatively straightforward or manageable cases into drawn-out criminal proceedings. Depending on the circumstances, you may need criminal defense representation to address both the obstruction allegation and any related criminal charges.
Separate Criminal Charges
Obstruction is charged as a separate criminal offense regardless of the offense or case you are initially involved in. For example, if law enforcement pulls you over for a suspected DUI and you refuse to comply with the officer’s instructions or actions, you may face both an initial traffic offense and an obstruction charge.
It’s important to note that even if you are not convicted of a crime, are found not guilty of the initial offense, or resolve it (such as by paying the required fine for a traffic violation), you can still be found guilty and convicted on a separate obstruction charge.
Permanent Criminal Record
In Washington state, obstruction charges are typically charged as gross misdemeanors, which can be upgraded to more serious felony charges if the offense involved assault, destroying evidence, hiding a wanted person, or abetting a felony crime. Therefore, these charges will often create a permanent criminal record, which can strip you of specific rights, such as voting and possessing a firearm.
Additionally, a permanent criminal record can impact your ability to obtain employment or housing, as many employers and landlords now conduct extensive background checks when reviewing potential applicants.
Criminal Sentencing & Fines
Because obstruction charges are charged as gross misdemeanors or felony offenses, you will typically face significant fines and jail or prison time. Depending on the severity of the offense, you could face the following penalties, as outlined under RCW 9A.76.020.
Jail or prison time: For a gross misdemeanor charge of obstructing a law enforcement officer, you could face up to a year in county jail. Felony offenses can result in longer jail or prison sentences.
Mandatory fines: For a gross misdemeanor obstructive charge, you can face a fine of up to $5,000. Felony offenses will typically result in steeper fines.
Under RCW 9A.50.020, an obstruction charge for interfering with a healthcare facility will result in at least a $250 fine and a mandatory jail sentence of at least 24 hours. Repeat offenses could result in additional fines and sentencing up to $1,000 and 30 days in jail.
Damaged Credibility
If you are involved in a criminal investigation or other court proceeding where you need to provide testimony, an obstructive charge can impact your credibility. For example, if your case relies on you to take the stand or to be able to provide a believable account of events, being charged with obstruction can cause the judge, jury, and defense to question your reliability.
Contact Our Experienced Criminal Defense Attorney in Vancouver, Washington
If you have been charged with obstruction in Washington state, it’s essential to contact an attorney as soon as possible. Obstructive charges are taken very seriously, and they can result in significant penalties in addition to other cases or criminal proceedings.
At Dan Mellen, Attorney at Law, our attorney has over 10 years of experience in helping clients build strong cases to defend against obstructive charges and minimize the impact on their criminal record and daily life. Located in Vancouver and Longview, Washington, we serve clients throughout Clark County and Cowlitz County. Contact us today to schedule a free consultation.