What Is Obstruction of Justice and How Is It Charged in Pennsylvania?

If you've been charged with obstruction or related offenses like witness intimidation or evidence tampering, here's what you need to know—and how a criminal defense attorney can help.

What Does Obstruction of Justice Mean in Pennsylvania?

Pennsylvania does not use the exact phrase “obstruction of justice” in its criminal code, but it covers the same concept under several statutes, including:

• Obstructing administration of law or other governmental function – 18 Pa. C.S. § 5101

• Hindering apprehension or prosecution – 18 Pa. C.S. § 5105

• Tampering with or fabricating physical evidence – 18 Pa. C.S. § 4910

• Intimidation of witnesses or victims – 18 Pa. C.S. § 4952

• False reports to law enforcement – 18 Pa. C.S. § 4906

Each of these laws targets different types of behavior that interfere with the justice system, law enforcement, or the courts.

Common Examples of Obstruction-Related Charges

• Giving a false name or ID to police during an investigation

• Encouraging someone to lie to police or the court

• Destroying or hiding evidence (phones, clothing, drugs, etc.)

• Warning a suspect that police are on the way

• Intimidating or threatening a witness to prevent them from testifying

• Filing a false police report or 911 call

• Interfering with police during an arrest (e.g., blocking or resisting without violence)

Even if you didn’t commit the underlying crime, you can still face obstruction charges for your actions after the fact.

Penalties for Obstruction in Pennsylvania

The grading and penalties depend on the specific charge:

🔹 Obstructing Administration of Law (§ 5101)

• Misdemeanor of the second degree

• Up to 2 years in jail and $5,000 fine

🔹 Hindering Apprehension or Prosecution (§ 5105)

• Can be graded as a misdemeanor or felony, depending on the severity of the original offense

• Felony if the person you helped committed a felony

🔹 Tampering With Evidence (§ 4910)

• Misdemeanor of the second degree

• Up to 2 years in jail

🔹 Intimidation of Witnesses (§ 4952)

• Felony of the third degree, up to 7 years in prison

• Upgraded to second-degree felony if force or violence is involved

Defending Against Obstruction Charges

A skilled criminal defense attorney will analyze your case to build a defense based on:

✅ Lack of intent – You didn’t know the person was under investigation or that your actions interfered with a case
✅ No actual interference – Your actions didn’t affect any investigation or court proceeding
✅ Free speech protections – You gave an opinion, not a directive or threat
✅ Mistaken identity – Police or witnesses wrongly identified you as the obstructing party
✅ Police overreaction – Officers sometimes charge obstruction in response to frustration or non-compliance that isn’t illegal

In some cases, your attorney may be able to negotiate a reduction to a summary offense or arrange for diversion or dismissal.

Why Obstruction Charges Are So Serious

A conviction for obstruction-related offenses can:

• Create a permanent criminal record

• Jeopardize your job, especially in government or security-sensitive fields

• Be used to enhance future sentencing in unrelated cases

• Be seen by judges as a sign of dishonesty or defiance of the court

That’s why it’s essential to take these charges seriously—even if no one was harmed and the case seems “small.”

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you're facing obstruction of justice or any related charges in Pennsylvania, you need a lawyer who understands the law—and how to fight back. With over 30 years of experience in Philadelphia courts, Mark D. Hauser knows how to challenge weak evidence, negotiate with prosecutors, and protect your record.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.