Obstruction of justice generally means intentionally interfering with police, an investigation, arrest, evidence, a witness, or a court proceeding / prosecution. California, however, does not have one criminal statute simply titled “obstruction of justice.” Instead, prosecutors use several laws to punish different conduct that allegedly interferes with the justice system. Obstruction of Justice related conduct can take the following forms:
1. Offering False Evidence in a Legal Proceeding
California Penal Code Section 132 makes it a felony to knowingly offer a forged, fraudulently altered, or fraudulently backdated written item as genuine evidence. This could include introducing a falsified contract, altered financial record, fabricated receipt, or modified business document during a trial or authorized investigation. An honest mistake generally is not enough—the person must know that the evidence is false when offering it as genuine. Offering false evidence is a felony punishable by 16 months, two years or three years in custody and a potential fine of $10,000.
2. Preparing or Fabricating False Evidence
Penal Code Section 134 applies when someone prepares false or backdated evidence intending that it be presented as genuine in a legally authorized proceeding. Examples may include manufacturing a receipt, changing the date on a document, altering a photograph, or creating a false record to support a particular version of events. The evidence does not necessarily have to be successfully admitted in court; preparing it with the required fraudulent intent may be enough to support a charge.
3. Destroying or Concealing Evidence
Under Penal Code Section 135, it is a misdemeanor to knowingly and willfully destroy, erase, or conceal an item that is about to be produced as evidence, when the person intends to prevent its production. This could involve deleting a relevant digital image, hiding a document, erasing a video recording, or disposing of physical evidence. Accidentally losing an item or deleting something without knowing its evidentiary significance is different from intentionally making evidence unavailable. This crime is punishable by up to six months in county jail and a fine of $1000.
4. Dissuading or Intimidating a Witness or Victim
Penal Code Section 136.1 prohibits knowingly and maliciously preventing—or attempting to prevent—a witness or victim from reporting a crime, assisting in a prosecution, attending court, or giving testimony. The alleged interference does not always have to involve an explicit threat; pressure, intimidation, repeated demands, or carefully worded implied threats may also become relevant. More serious felony penalties can apply when force, threats of force, conspiracy, payment, or certain prior convictions are involved.This crime can be prosecuted as a misdemeanor or a felony. A misdemeanor is punishable by up to one year in county jail. An ordinary felony can carry 16 months, two years or three years. When this offense involves force or a threat of force, the sentence may be two, three, or years in state prison.
5. Bribing or Improperly Influencing a Witness
Penal Code Section 137(a) prohibits offering a witness something of value under an agreement that the witness’s testimony or information will be influenced. It also covers certain attempts to use force, threats, or fraud to cause someone to give false testimony, withhold truthful testimony, or provide false information to law enforcement. Paying a legitimate expense is not automatically bribery; the critical issue is whether the payment or benefit was intended to improperly influence what the person would say or withhold.
Offering a bribe to influence a witness is a felony generally punishable by 16 months, two years, or three years. Using force, threats of force, or fraud to induce false testimony or conceal truthful information is a felony punishable by two, three, or four years. Knowingly inducing false testimony or the withholding of truthful information without force, threats, or fraud may be prosecuted as a misdemeanor punishable by up to six months in county jail and a fine of up to $1,000.
6. Resisting, Delaying, or Obstructing an Officer
Penal Code Section 148(a)(1) makes it a misdemeanor to willfully resist, delay, or obstruct a public officer, peace officer, or emergency medical technician who is lawfully performing official duties. The allegation does not require a physical struggle and may arise from conduct that allegedly delays an investigation, arrest, or emergency response. However, the prosecution must establish that the official was acting lawfully and that the defendant willfully interfered with those duties. A violation of this crime is charged as a misdemeanor punishable by up to one year in county jail.
7. Giving False Identification to a Police Officer
Under Penal Code Section 148.9, a person may be charged with a misdemeanor for falsely identifying themselves as another person—or as a fictitious person—during a lawful detention or arrest to avoid proper identification or court proceedings. Common examples include giving someone else’s name or inventing a false identity. This law is more specific than merely making an inaccurate statement: the false identity must be provided in the circumstances and for the purpose described by the statute. The penalty for this crime is 180 days in county jail.
8. Helping an Offender Avoid Arrest or Prosecution
Penal Code Section 32 covers being an Accessory After the Fact. It applies when someone knows that another person committed, was charged with, or was convicted of a felony and then intentionally helps that person avoid or escape arrest, trial, conviction, or punishment. Examples may include hiding the person, arranging an escape, disposing of incriminating evidence, or knowingly providing a false alibi. Merely knowing about a crime, without intentionally assisting the offender, does not by itself make someone an accessory.364 or 3 years
Accessory After the Fact can be charged as a misdemeanor or felony. If charged as a misdemeanor the punishment is up to 180 days in county jail.and as a felony the penalty is 16 months, two years or three years in county jail. Perjury is a felony punishable by two, three, or four years in custody.
9. Committing Perjury
Perjury under Penal Code Section 118 occurs when a person willfully makes a materially false statement while under oath or in a legally permitted declaration made under penalty of perjury. It can arise during courtroom testimony, a deposition, an affidavit, or a signed declaration. A mistaken recollection, misunderstanding, or immaterial inaccuracy is not automatically perjury—the prosecution must prove that the person knowingly and willfully stated a material falsehood. Perjury is a felony punishable by two, three, or four years in custody.
10. Bribing a Judge or Juror
Bribing a judge or juror — Penal Code Section 92: Giving or offering anything of value with the corrupt intent to influence a judge’s or juror’s decision is a felony, punishable by two, three, or four years in state prison. The crime is complete upon making the offer—the judge or juror does not have to accept it.
Offering a bribe or using other corrupt methods to influence a judge, juror, or other judicial officer can result in serious felony charges under California law. Examples include offering money for a favorable ruling, secretly contacting a juror about the case, or attempting to influence a verdict outside the courtroom process. The particular charge will depend on who was approached, what was offered or communicated, and the defendant’s alleged intent.
What Conduct Is Not Automatically Obstruction?
Refusing to answer an officer’s investigative questions, calmly asserting the right to remain silent, criticizing police conduct, or declining to consent to a search does not automatically constitute obstruction. California law also expressly provides that photographing or recording an officer in public—or from another place where the person has a right to be—does not, by itself, violate Penal Code Section 148. A person’s words or presence generally must amount to actual unlawful interference rather than mere disagreement, observation, or lawful exercise of constitutional rights.
Obstruction of Justice Requires Aggressive Representation
Obstruction-related charges are frequently built on claims about what a person supposedly knew, intended, said, or attempted to accomplish. Those details matter. A lawful refusal to cooperate can be mischaracterized as obstruction, an innocent mistake can be portrayed as deception, and an ordinary conversation can be interpreted as an attempt to influence a witness. Before explaining yourself to investigators, contacting an alleged witness, or turning over evidence, speak with the experienced California criminal defense attorneys at Stephen G. Rodriguez & Partners at 213-481-6811 for a confidential consultation. We can help put you on the right track toward avoiding a criminal conviction.
The charge may arise from deleting a video, hiding an object, contacting a witness, creating a false document, or interfering with an officer. What prosecutors must prove depends on the statute.