Obstruction of Justice

Charged with Obstruction of Justice in Chicago? Andrew M. Weisberg Can Defend Your Rights

Obstruction of justice is a serious felony offense under Illinois law that can carry severe penalties, including prison time, substantial fines, and a permanent criminal record. Many people are surprised to learn that obstruction of justice does not require violence or a major criminal scheme. In many cases, individuals are charged simply for making a false statement, concealing evidence, or attempting to help another person avoid arrest. Even a momentary decision made under stress can result in a felony charge.

If you are facing obstruction of justice charges in Chicago or Cook County, you need an experienced criminal defense attorney who understands how these cases are investigated and prosecuted. Andrew M. Weisberg is a Chicago criminal defense lawyer and former Cook County prosecutor who has successfully defended clients charged with serious felony offenses. He understands how prosecutors build obstruction cases and how to identify weaknesses in the evidence.

If you have been charged with obstruction of justice, call (773) 908-9811 for a free consultation.

Understanding Obstruction of Justice Under Illinois Law

Obstruction of justice is defined under 720 ILCS 5/31-4. A person commits obstruction of justice when they knowingly perform an act that is intended to prevent the apprehension or prosecution of a person or otherwise interfere with the administration of justice. This is different than the offense of resisting a peace officer.

The statute covers a wide range of conduct. Unlike some criminal offenses that involve clearly defined acts, obstruction of justice can arise in many different situations. The key element in most cases is whether the accused knowingly acted in a way that interfered with a criminal investigation or legal proceeding.

Because the statute is broad, obstruction charges are often filed in connection with other criminal allegations. In some cases, obstruction of justice becomes the most serious charge in the case even when the underlying conduct appears relatively minor.

Common Examples of Obstruction of Justice

Obstruction of justice can occur in many different ways. Some of the most common situations leading to obstruction charges include providing false information, concealing evidence, or assisting someone in avoiding arrest.

One of the most frequent allegations involves making false statements to law enforcement officers. A person may deny knowledge of a crime, provide misleading details, or attempt to protect a friend or family member. Even when the person believes they are helping someone or protecting themselves, knowingly giving false information can result in a felony charge.

Another common situation involves destroying or concealing evidence. This may include discarding physical items, deleting electronic communications, or hiding property that police are seeking. Prosecutors often treat evidence-related allegations very seriously, especially when the underlying investigation involves violent offenses or serious felonies.

Obstruction charges are also sometimes filed when a person helps another individual avoid arrest. This might involve providing transportation, allowing someone to stay at a residence, or warning someone that police are looking for them. While these actions may seem minor, they can lead to felony charges if prosecutors believe the intent was to interfere with law enforcement.

Witness-related conduct can also lead to obstruction charges. Attempts to influence testimony, discourage cooperation with police, or pressure a witness to change a statement may all be alleged as obstruction of justice. A person who lies during a trial or under proceeding under oath may be charged with perjury. Someone who knowingly gives a false name, address or date of birth to a law enforcement agent may face charges of obstructing identification.

Penalties for Obstruction of Justice in Illinois

Obstruction of justice is typically charged as a Class 4 felony in Illinois. Even at the lowest felony level, the consequences of a conviction can be serious and long-lasting.

Potential penalties include:

• 1 to 3 years in prison
• Fines of up to $25,000
• Probation or conditional discharge in appropriate cases
• Court costs and fees
• A permanent felony record

Although probation is often available for Class 4 felony offenses, the outcome of any particular case depends on the facts, the defendant’s background, and the nature of the alleged obstruction.

A felony conviction can affect nearly every aspect of a person’s life. Employment opportunities may be limited, professional licenses may be affected, and background checks will reveal the conviction for years to come. In addition, a felony conviction can result in the loss of firearm rights and other long-term consequences.

Obstruction Charges Often Accompany Other Offenses

In many cases, obstruction of justice charges are filed alongside other criminal allegations. Sometimes the obstruction charge arises after an investigation begins, when police believe a suspect or witness attempted to interfere with the case.

Common related charges include:

• Resisting or obstructing a peace officer
• Obstructing identification
• False personation
• Perjury
• Domestic battery or other underlying offenses
• Weapons offenses
• Drug offenses

When multiple charges are involved, it becomes especially important to have an attorney who can evaluate the entire case and develop a strategy that addresses both the obstruction charge and the underlying allegations.

Defending Against Obstruction of Justice Charges

Successfully defending against obstruction of justice charges requires a careful analysis of the facts and a thorough understanding of the law. Because obstruction cases often depend heavily on intent, they frequently present opportunities for strong legal defenses.

Andrew M. Weisberg carefully reviews police reports, witness statements, electronic evidence, and all available records in order to identify weaknesses in the prosecution’s case.

Potential Defense Strategies

Lack of Intent

Intent is one of the most important elements of obstruction of justice. The State must prove that the accused knowingly acted to interfere with an investigation or prosecution.

If the conduct was accidental, misunderstood, or taken without knowledge of an investigation, the charge may not be supported by the evidence. Demonstrating a lack of intent can be a powerful defense in many obstruction cases.

Mistake or Misunderstanding

People sometimes make statements to police that turn out to be inaccurate without intending to mislead investigators. Memory errors, confusion, or poor communication can sometimes lead to obstruction allegations even when no crime was intended.

Andrew works to demonstrate when alleged false statements or actions were the result of misunderstanding rather than intentional obstruction.

Insufficient Evidence

Obstruction cases often depend heavily on interpretation of statements or actions. If the prosecution cannot prove beyond a reasonable doubt that the accused knowingly interfered with an investigation, the charges may be reduced or dismissed.

Andrew carefully analyzes the evidence for inconsistencies and weaknesses that can be used to challenge the State’s case.

Unlawful Police Conduct

Police must follow constitutional rules when conducting investigations. If evidence was obtained through unlawful searches, improper questioning, or violations of constitutional rights, that evidence may be suppressed.

Challenging improper police conduct can significantly weaken the prosecution’s case.

Negotiated Resolutions

In some cases, the best outcome may involve negotiating a reduction or resolution that avoids a felony conviction. Andrew works to pursue outcomes that protect his clients’ records whenever possible.

Avoiding a permanent felony record is often one of the most important goals in obstruction cases.

Why Choose Andrew M. Weisberg as Your Defense Attorney

When you are facing a felony charge such as obstruction of justice, experience matters. Andrew M. Weisberg has decades of experience representing clients throughout Chicago and Cook County in serious criminal cases.

As a former Cook County prosecutor, Andrew understands how obstruction cases are evaluated and charged. He uses that knowledge to anticipate the prosecution’s strategy and build an effective defense.

Clients who hire Andrew benefit from:

• Direct communication with their attorney
• Thorough investigation and preparation
• Honest case evaluations
• Strategic negotiations when appropriate
• Strong courtroom advocacy

Andrew understands that obstruction charges often arise from stressful situations where individuals made decisions under pressure. He works closely with clients to protect their rights and achieve the best possible outcome.

Speak With a Chicago Obstruction of Justice Defense Attorney

If you have been arrested or charged with obstruction of justice in Chicago or Cook County, it is important to speak with an experienced criminal defense attorney as soon as possible.

Early representation can make a significant difference in the outcome of your case and may help protect your record and your future.

Andrew M. Weisberg represents individuals charged with obstruction of justice and other felony offenses throughout Cook County.

Call (773) 908-9811 anytime, day or night, or fill out the Case Review form on the website.

The consultation is free.