Indiana criminal charge
Obstruction of justice in Indiana
Obstruction of justice is a criminal offense under Indiana law, defined by Ind. Code § 35-44.1-2-2. Its classification is not fixed: Indiana assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Ind. Code § 35-44.1-2-2.
What is the penalty for obstruction of justice in Indiana?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 6 months to 30 months (Obstruction of justice (general) — A person commits obstruction of justice under any of the acts described in subsection (a), such as inducing witness tampering, withholding court-ordered evidence, avoiding legal process, altering or fabricating evidence, improperly communicating with jurors, or tipping off a warrant subject, and this is a Level 6 felony except as provided in subsection (b).; fixed term; advisory sentence 1 year; court may enter judgment of conviction as a Class A misdemeanor in limited circumstances (IC 35-50-2-7(c))) | presumptive | Ind. Code § 35-50-2-7 |
| Fine | up to $10,000 (Obstruction of justice (general) — A person commits obstruction of justice under any of the acts described in subsection (a), such as inducing witness tampering, withholding court-ordered evidence, avoiding legal process, altering or fabricating evidence, improperly communicating with jurors, or tipping off a warrant subject, and this is a Level 6 felony except as provided in subsection (b).) | discretionary | Ind. Code § 35-50-2-7 |
| Jail / prison | 1 years to 6 years (Obstruction of justice — domestic violence or child abuse case — During the investigation or pendency of a domestic violence or child abuse case, a person offers, gives, or promises a benefit, communicates a threat, or intimidates/unlawfully influences or persuades a witness to withhold testimony or give false or misleading statements, elevating the offense to a Level 5 felony except as provided in subsection (e).; fixed term; advisory sentence 3 years) | presumptive | Ind. Code § 35-50-2-6 |
| Fine | up to $10,000 (Obstruction of justice — domestic violence or child abuse case — During the investigation or pendency of a domestic violence or child abuse case, a person offers, gives, or promises a benefit, communicates a threat, or intimidates/unlawfully influences or persuades a witness to withhold testimony or give false or misleading statements, elevating the offense to a Level 5 felony except as provided in subsection (e).) | discretionary | Ind. Code § 35-50-2-6 |
Applies to offenses committed after June 30, 2014 (P.L.158-2013).
How is obstruction of justice classified in Indiana?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Obstruction of justice (general) | Level 6 Felony | A person commits obstruction of justice under any of the acts described in subsection (a), such as inducing witness tampering, withholding court-ordered evidence, avoiding legal process, altering or fabricating evidence, improperly communicating with jurors, or tipping off a warrant subject, and this is a Level 6 felony except as provided in subsection (b). | Ind. Code § 35-44.1-2-2(a) |
| Obstruction of justice — domestic violence or child abuse case | Level 5 Felony | During the investigation or pendency of a domestic violence or child abuse case, a person offers, gives, or promises a benefit, communicates a threat, or intimidates/unlawfully influences or persuades a witness to withhold testimony or give false or misleading statements, elevating the offense to a Level 5 felony except as provided in subsection (e). | Ind. Code § 35-44.1-2-2(b) |
Common questions about obstruction of justice in Indiana
Is obstruction of justice a felony or a misdemeanor in Indiana?
It depends on the circumstances: obstruction of justice ranges from a Level 6 Felony to a Level 5 Felony in Indiana under Ind. Code § 35-44.1-2-2.
Obstruction of justice (general): Level 6 Felony (Ind. Code § 35-44.1-2-2(a)) · Obstruction of justice — domestic violence or child abuse case: Level 5 Felony (Ind. Code § 35-44.1-2-2(b))
What are the penalties for obstruction of justice in Indiana?
Which Indiana statute covers obstruction of justice?
Obstruction of justice is governed by Ind. Code § 35-44.1-2-2 (Obstruction of justice).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.