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Johnathan MWhat is Obstruction of Justice in South Carolina?
In South Carolina, there are two forms of obstruction of justice: statutory and common law. Both carry the same maximum penalties but are triggered by different behaviors.
Statutory obstruction of justice, under SC Code Section 16-9-340, involves either intimidating or impeding a court official in their duties by threat or force, or destroying or impeding the administration of justice in a court through threat or force. This version specifically requires the use of threat or force.
Common law obstruction of justice is broader. The courts have defined it as any act that prevents, obstructs, impedes, or hinders the administration of justice. There’s no requirement for force. This version can be used to charge individuals for actions such as lying to investigators, hiding evidence, warning a suspect, providing a false alibi, and more.
Related charges often filed alongside or instead of obstruction include:
Tampering with evidence: destroying, hiding, or altering evidence in a criminal investigation
Intimidating or bribing a witness under SC Code Sections 16-9-340 and 16-9-350, a felony
Providing false information to law enforcement under SC Code Section 16-17-725, a misdemeanor
Accessory after the fact, if you helped someone escape or cover up a felony
Misprision of a felony, if you knew about a felony and failed to report it
The scope of these related offenses means you could face obstruction-type charges without being the primary target of the investigation. Simply assisting a family member or friend inappropriately can lead to serious legal issues.
Penalties for Obstruction of Justice in Greenville, SC
For the statutory offense outlined in SC Code 16-9-340, a conviction is a felony, carrying penalties of up to 10 years in prison and a fine of up to $10,000.
Common law obstruction of justice also carries a maximum of 10 years in prison.
Related offenses include attempting to influence a juror under SC Code 16-9-350, which is a misdemeanor with up to six months in prison and a $500 fine.
Providing false information to law enforcement under SC Code 16-17-725 is a misdemeanor, but penalties vary by court.
Accessory after the fact to a felony is classified one level below the principal crime. For instance, if the underlying crime carries up to 10 years (Class E felony), accessory charges can impose up to five years.
These are substantial penalties. Even accessory charges, which might seem minor, involve multi-year felony exposure. If the underlying crime involves trafficking or violence, being an accessory can mean decades of potential prison time.
How Obstruction Cases Are Prosecuted in Greenville County
Obstruction charges in Greenville County typically arise during existing investigations. The Greenville County Solicitor’s Office, handling felony prosecutions in the 13th Judicial Circuit, often adds obstruction counts when they suspect interference, whether as a primary defendant or third party.
Prosecutors look for obstruction in several common situations. If a suspect gives inconsistent statements to law enforcement that suggest deliberate deception, they might pursue a false information charge. If physical evidence is missing or altered after law enforcement involvement, an evidence tampering charge often follows. When witnesses change their stories and pressure or inducement is suspected, the person believed to have applied that pressure may face witness intimidation charges.
These cases can be investigated by the Greenville County Sheriff’s Office, Greenville Police Department, or SLED (South Carolina Law Enforcement Division), depending on the underlying case. The 13th Circuit Court of General Sessions at the Greenville County Courthouse handles all felony-level obstruction charges.
The Solicitor’s Office has significant discretion in charging obstruction, sometimes using it as a standalone charge or as use in broader negotiations over primary charges. It’s critical to take these charges seriously.
Defense Strategies for Obstruction of Justice
The law’s broadness on obstruction works both ways. Because it’s broad, it’s often overcharged. Many situations that appear as obstruction have legitimate explanations that can form a solid defense.
Lack of intent: Obstruction requires knowing and willful conduct. If you didn’t know you were interfering with an official investigation or that the person you were helping was a suspect, intent is genuinely at issue. Innocent assistance doesn’t equate to obstruction just because the person you helped was later charged with a crime.
No official proceeding: Common law obstruction requires an ongoing administration of justice to obstruct. If you acted before any official investigation was underway, some obstruction charges might not stand.
Challenging false information charges: Lying to police isn’t always a crime in South Carolina. The statute under SC Code 16-17-725 has specific elements that need to be proven. Whether the statement was material to an actual investigation, and whether it was false, are factual questions your attorney will examine.
First Amendment considerations: Courts recognize limits on obstruction charges involving speech rather than physical interference. Advising someone of their rights, encouraging them to get a lawyer, or discussing a case with a witness aren’t obstruction.
Challenging accessory charges: Accessory after the fact requires proof that you knew a felony was committed, assisted the perpetrator, and that assistance was specifically intended to help them avoid detection or prosecution. All elements must be proven.
Negotiated outcomes: Often, a defendant facing obstruction alongside a primary charge can negotiate a resolution that addresses both. Especially where obstruction was due to panic rather than calculated interference, there may be room to reduce or dismiss the obstruction count in exchange for a plea to the underlying charge.
Why You Need an Obstruction Lawyer in Greenville
Obstruction charges are frequently added when law enforcement is struggling with a case. They can be used as a tactic to pressure a defendant or witness into cooperation. Having a lawyer who understands this dynamic and how the 13th Circuit Solicitor’s Office uses obstruction counts in negotiations is invaluable.
The worst thing you can do when facing an obstruction charge is to continue speaking with law enforcement without counsel. Every statement is another opportunity for building a case against you. Your right to remain silent is a critical protection.
If you’re charged alongside a family member, or you’re under investigation for helping someone else, you have rights and deserve a defense. Related charges like resisting arrest or fleeing police often accompany obstruction when arrests go awry. A violent crimes investigation might involve family members or associates in obstruction theory. These situations need strategic legal handling from the outset.
After a conviction, you might explore options for expungement, depending on the final charges and outcome. For juvenile defendants, the stakes and options differ from adult court and need focused handling.
John Crangle defends clients facing serious criminal charges in Greenville County and throughout the Upstate. If obstruction charges are part of your case, seek legal help before any damage is done.
Contact John Crangle for a confidential consultation today.