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Day 64: The Ramifications of Obstructing Justice in Arizona: What You Need to Know

The Ramifications of Obstructing Justice in Arizona: What You Need to Know

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Talking to police the wrong way can escalate into an obstruction charge fast — here’s what Arizona prosecutors must show, and how we push back when the facts don’t add up.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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The Ramifications of Obstructing Justice in Arizona: What You Need to Know

When it comes to maintaining the integrity of the legal system, few actions are taken more seriously than obstructing justice. The very foundation of our democracy depends on the proper functioning and trustworthiness of our courts and legal processes. In Arizona, as in many other jurisdictions, obstructing justice can carry severe consequences, both legally and personally.

What Does It Mean to Obstruct Justice?

Obstructing justice, at its core, involves any actions that deliberately prevent or attempt to prevent the legal system from accurately and fairly determining the truth in any matter under investigation or trial. This can range from interfering with a witness to tampering with evidence, lying to officials, or preventing a law enforcement officer from performing their duties.

Relevant Statutes in Arizona

In Arizona, the laws that address obstructing justice fall primarily under two statutes:

  1. ARS § 13-2409 – Tampering with physical evidence. Under this statute, it is illegal for anyone, knowing or having reason to believe that an official proceeding is pending or about to be instituted, to:
    • Alter, destroy, or conceal any physical evidence with the intent to impair its appearance, availability, or use in such proceeding, or
    • Use or introduce in the pending or about to be instituted official proceeding any physical evidence, knowing it to be false and with intent to mislead the trier of fact or other party.
  2. ARS § 13-2804 – Tampering with a witness. This statute criminalizes knowingly inducing a witness or a person he believes may be called as a witness in any official proceeding or who may provide information to law enforcement to:
    • Testify falsely,
    • Withhold any testimony, information, document or thing,
    • Elude legal process summoning him to provide evidence, or
    • Absent himself from any proceeding or investigation to which he has been legally summoned.

The Consequences

Violations of these statutes are not to be taken lightly. Tampering with physical evidence is typically classified as a Class 6 felony if the physical evidence is involved in, or is about to be produced for, any felony trial or proceeding. Otherwise, it’s classified as a Class 1 misdemeanor.Meanwhile, tampering with a witness can range from a Class 6 felony to a Class 3 felony depending on the circumstances. The severity of the punishment can depend on various factors, such as the nature of the proceedings (criminal versus civil) or the age of the witness involved.These legal ramifications can include heavy fines, probation, and even imprisonment. Beyond the immediate legal consequences, those found guilty may also face long-term ramifications like a damaged reputation, difficulty in finding employment, and strained personal relationships.

Protecting Your Rights

If you or someone you know is accused of obstructing justice or any related crime in Arizona, it is imperative to act promptly. The first step is to consult with an experienced attorney who can guide you through the nuances of the law and work towards the best possible outcome. Remember that in the eyes of the law, everyone is innocent until proven guilty. With the right legal representation, you can ensure that your rights are upheld throughout the process.

Conclusion

Obstructing justice is a serious offense that can dramatically impact one’s life. While it might seem like a relatively straightforward concept, the legal intricacies involved in these charges can be complex. Arizona, like other states, has a vested interest in ensuring the integrity of its legal processes and as such, takes violations quite seriously.If you find yourself in a situation where you have questions or require legal representation related to obstructing justice or any other matter, don’t hesitate. Reach out to Tamou Law Group PLLC at 623-321-4699. Our dedicated team has the experiencedise and commitment to guide you every step of the way.Stay informed, know your rights, and always prioritize integrity in all dealings with the legal system.

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Common Questions

Frequently Asked Questions

What counts as obstructing justice in Arizona?

Obstructing justice in Arizona covers any deliberate act that interferes with an investigation or court proceeding, including destroying evidence, tampering with witnesses, or blocking officers from performing their duties. Key statutes include A.R.S. 13-2409 for obstructing criminal investigations and A.R.S. 13-2804 for tampering with a witness.

Is obstruction of justice a felony in Arizona?

Yes, most obstruction offenses in Arizona are felonies. Obstructing a criminal investigation under A.R.S. 13-2409 is a Class 5 felony, while tampering with evidence or a witness is typically a Class 6 felony. Even the lowest felony class carries possible prison time and a permanent criminal record.

What is the penalty for tampering with evidence in Arizona?

Tampering with physical evidence under A.R.S. 13-2809 is a Class 6 felony punishable by four months to two years in prison for a first offense, plus fines and probation. Destroying, concealing, or altering evidence when you know an official proceeding is pending or about to begin triggers the charge.

Can you be charged for asking a witness not to testify in Arizona?

Yes, knowingly inducing a witness to testify falsely, withhold testimony, avoid a subpoena, or skip a proceeding is witness tampering under A.R.S. 13-2804, a Class 6 felony. Even an informal request or pressure on a family member can support the charge if prosecutors show intent.

How long can you go to jail for obstructing justice in Arizona?

A first-time Class 6 felony obstruction conviction carries four months to two years in prison, while a Class 5 felony like obstructing a criminal investigation carries six months to two and a half years. Prior felony convictions, probation status, or aggravating factors can significantly increase the sentence.

Does an obstruction of justice conviction affect employment in Arizona?

Yes, an obstruction conviction is a crime of dishonesty that appears on background checks and can cost you professional licenses, security clearances, and jobs requiring trust. Because Arizona felony convictions cannot be expunged, only set aside under A.R.S. 13-905, avoiding the conviction matters enormously.

Can obstruction of justice charges be dismissed or reduced in Arizona?

Yes, obstruction charges are often dismissed or reduced when prosecutors cannot prove you acted knowingly and with intent to interfere with a proceeding. A Class 6 felony can also be designated a misdemeanor, and defenses like the absence of a pending official proceeding frequently defeat evidence-tampering counts.

How do you fight an obstruction of justice charge in Arizona?

Do not talk to police or investigators before speaking with a criminal defense attorney, because statements you make can become new obstruction evidence. Tamou Law Group defends obstruction, evidence-tampering, and witness-tampering charges throughout Phoenix and Scottsdale, and early intervention can mean dismissal or reduction. Call 623-321-4699, 24/7.

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Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.

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