Obstruction of Justice — Louisiana

Posted by & filed under Crimes Against Justice, Crimes Defined, Criminal Statutes, White Collar Crime.

Louisiana Obstruction of Justice Defense Attorney

 

Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense

 

 Obstruction of Justice — LA R.S. 14:130.1

The crime of obstruction of justice is any of the following when committed with the knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding as hereinafter described:

(1)  Tampering with evidence with the specific intent of distorting the results of any criminal investigation or proceeding which may reasonably prove relevant to a criminal investigation or proceeding.  Tampering with evidence shall include the intentional alteration, movement, removal, or addition of any object or substance either:

  • At the location of any incident which the perpetrator knows or has good reason to believe will be the subject of any investigation by state, local, or United States law enforcement officers; or
  • At the location of storage, transfer, or place of review of any such evidence.

(2)  Using or threatening force toward the person or property of another with the specific intent to:

  • Influence the testimony of any person in any criminal proceeding;
  • Cause or induce the withholding of testimony or withholding of records, documents, or other objects from any criminal proceeding;
  • Cause or induce the alteration, destruction, mutilation, or concealment of any object with the specific intent to impair the object’s integrity or availability for use in any criminal proceeding;
  • Evade legal process or the summoning of a person to appear as a witness or to produce a record, document, or other object in any criminal proceeding;
  • Cause the hindrance, delay, or prevention of the communication to a peace officer of information relating to an arrest or potential arrest or relating to the commission or possible commission of a crime or parole or probation violation.

(3)  Retaliating against any witness, victim, juror, judge, party, attorney, or informant by knowingly engaging in any conduct which results in bodily injury to or damage to the property of any such person or the communication of threats to do so with the specific intent to retaliate against any person for:

  • The attendance as a witness, juror, judge, attorney, or a party to any criminal proceeding or for producing evidence or testimony for use or potential use in any criminal proceeding, or
  • The giving of information, evidence, or any aid relating to the commission or possible commission of a parole or probation violation or any crime under the laws of any state or of the United States.

Penalties

(1)  When the obstruction of justice involves a criminal proceeding in which a sentence of death or life imprisonment may be imposed, the offender shall be fined not more than $100,000, imprisoned for not more than 40 years at hard labor, or both.

(2)  When the obstruction of justice involves a criminal proceeding in which a sentence of imprisonment necessarily at hard labor for any period less than a life sentence may be imposed, the offender may be fined not more than $50,000, or imprisoned for not more than 20 years at hard labor, or both.

(3)  When the obstruction of justice involves any other criminal proceeding, the offender shall be fined not more than $10,000.00, imprisoned for not more than 5 years, with or without hard labor, or both.

 

Elizabeth B. Carpenter, Esq. — Contact us to schedule a consultation today!

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