Obstruction is the crime of misconstruing facts or evidence in a case purposefully to deter or deceive law enforcement. Obstruction is normally considered a misdemeanor crime and is often an additional charge in addition to a greater offense. At Martin & Wallentine, LLC, our Johnson County criminal defense attorneys have seen a variety of obstruction of official duty cases during our legal career.
We are confident in our ability to represent clients facing obstruction charges, so don't hesitate to contact us today.
How is Obstruction Defined Under the Law?
According to the K.S.A. 21-3808(a), obstruction of official duty is a crime which involves knowingly or intentionally obstructing, resisting or opposing law enforcement or other persons involved in law enforcement. This includes people that have been authorized to serve process in the execution or attempt to service or execute any write, warrant, process or order of court. If a defendant is charged with obstruction, the prosecution has the duty to prove the crime based on certain factors.
They must be able to prove that the defendant:
- Obstructed an officer that was carrying out an official duty
- Knowingly and willingly obstructed the officer
- Knew or should have known that the person obstructed was a law enforcement officer
- Hindered or increased the burden of the officer in carrying our official duties
We Have Success in Past Obstruction Cases
Recently, we won a case involving obstruction of official duty charges. Our client was confronted by a police officer and offered the law enforcement personnel a false name. The officer determined that the name was incorrect, and our client was charged with obstruction as a result. We argued that our client did not substantially hinder the officer's official duty. The officer quickly ascertained the correct name, and he was not deterred from his investigation. We were able to prove that our client was not guilty of this charge.
Contact Martin & Wallentine, LLC for Experience Legal Counsel
If you were charged with obstruction, don't hesitate to contact the firm today. Our Johnson County criminal defense lawyers can assist you prior to trial, throughout the process and all the way to the final verdict. With years of experience and an A+ Rating from the Better Business Bureau, you know you can rely on our team.
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska