Anyone can be charged with obstruction, from an employee who deletes emails after a subpoena arrives to a business owner who asks a witness to “remember it differently.” The underlying investigation doesn’t have to end in charges, and the obstruction doesn’t have to work. Trying is enough. In many white-collar cases, the obstruction charge ends up easier to prove than the original fraud.
Sources: 18 U.S.C. Chapter 73; U.S. Sentencing Commission, 2025 Sourcebook of Federal Sentencing Statistics, Table 21; USSG §3C1.1.
What Counts as Obstruction of Justice?
Federal law doesn’t have one obstruction statute. Chapter 73 of Title 18 contains about 20 sections, each aimed at a different way of interfering with justice. They fall into four broad groups:
Common Examples of Obstruction
- Deleting emails, texts, or files after learning about a subpoena, search warrant, or investigation
- Switching to disappearing-message apps, wiping a phone, or “losing” a laptop once an investigation starts
- Telling an employee or co-worker what to say to the FBI, or asking them not to talk to agents
- Offering money, a job, or another benefit to a witness in exchange for silence or favorable testimony
- Creating or backdating documents to support a false story
- Lying to federal agents during an interview, even an informal one at your home or office
- Threatening or retaliating against a whistleblower, witness, or informant
- Giving false testimony to a grand jury, court, or congressional committee
One thing that is not obstruction: declining to answer questions. You have a Fifth Amendment right to remain silent and to speak with a lawyer first. Refusing an interview is lawful. Lying during one is not.
What Prosecutors Must Prove
The exact elements depend on the statute charged, but most federal obstruction cases come down to three questions:
Some statutes are broader than others. Section 1519, passed as part of the Sarbanes-Oxley Act, applies to destroying or falsifying records “in relation to or contemplation of” a federal matter. Prosecutors do not have to show a proceeding was already pending, only that the person acted to impede a federal investigation they expected.
Federal Obstruction of Justice Statutes and Penalties
There is no single penalty for obstruction. The maximum sentence depends on which statute is charged and how the obstruction was carried out. Violence and threats carry the longest terms.
| Statute | What it covers | Maximum prison term |
|---|---|---|
| 18 U.S.C. § 1503 | Influencing, threatening, or injuring a juror or court officer; the “omnibus clause” covers any corrupt effort to obstruct a pending court proceeding | 10 years; 20 years for attempted killing or a serious felony against a juror |
| 18 U.S.C. § 1505 | Obstructing proceedings before federal agencies and congressional committees | 5 years (8 if terrorism-related) |
| 18 U.S.C. § 1510 | Bribery to stop someone from giving information to criminal investigators | 5 years |
| 18 U.S.C. § 1512 | Tampering with a witness, victim, or informant; destroying evidence for an official proceeding | 3 to 30 years depending on conduct; life or death for a killing |
| 18 U.S.C. § 1513 | Retaliating against a witness, victim, or informant | Up to 20 years for bodily injury or property damage; 30 years for attempted killing |
| 18 U.S.C. § 1516 | Obstructing a federal audit | 5 years |
| 18 U.S.C. § 1518 | Obstructing criminal investigations of health care offenses | 5 years |
| 18 U.S.C. § 1519 | Destroying, altering, or falsifying records in federal investigations and bankruptcy | 20 years |
| 18 U.S.C. § 1520 | Failing to keep corporate audit work papers | 10 years |
| 18 U.S.C. § 1001 | Lying to, or hiding material facts from, federal agents or agencies | 5 years (8 if terrorism or certain sex offenses) |
| 18 U.S.C. §§ 1621, 1623 | Perjury and false declarations before a grand jury or court | 5 years |
Fines of up to $250,000 per count can apply on top of prison time. Federal law also allows forfeiture and, when the obstruction caused financial harm, restitution.
How Obstruction Sentences Are Actually Calculated
Statutory maximums set the ceiling. The real sentence usually comes from the U.S. Sentencing Guidelines, and obstruction shows up there in two very different ways.
1. As a Standalone Charge (USSG §2J1.2)
When obstruction is the main offense, the guideline starts at base offense level 14, which for someone with no criminal history means a range of 15 to 21 months before other adjustments.
| Factor under §2J1.2 | Effect on offense level |
|---|---|
| Base offense level | 14 |
| Caused or threatened physical injury or property damage to obstruct justice | +8 |
| Resulted in substantial interference with the administration of justice | +3 |
| Destroyed or altered a substantial number of records, selected especially important records, or was extensive in scope or planning | +2 |
There is also a cross-reference: if the person obstructed the investigation or prosecution of another crime, the judge applies the accessory-after-the-fact guideline (§2X3.1) whenever it produces a higher number. That ties the obstruction sentence to how serious the underlying crime was.
2. As an Add-On to Another Crime (USSG §3C1.1)
Far more often, obstruction is an enhancement. If someone obstructs the investigation, prosecution, or sentencing of their own case, the judge adds 2 offense levels to whatever crime they were convicted of. That can add years to a fraud sentence. Obstruction also usually means losing the reduction for accepting responsibility, which is worth up to 3 levels.
The Sentencing Commission groups obstruction with perjury, contempt, and related offenses under “administration of justice.” In FY2025, 559 people were sentenced for these offenses, with an average sentence of 13 months. Among those sent to prison, the average term was 17 months.
Source: U.S. Sentencing Commission, 2025 Sourcebook of Federal Sentencing Statistics, Table 15.
Key Supreme Court Decisions on Obstruction
The Supreme Court has repeatedly narrowed how far the obstruction statutes reach. These decisions shape many of the strongest defenses.
| Case | Year | What the Court held |
|---|---|---|
| United States v. Aguilar | 1995 | Under § 1503, the conduct must have a “nexus” to a judicial proceeding: it must be likely to affect that proceeding. Lying to an agent who might or might not testify was not enough. |
| Arthur Andersen LLP v. United States | 2005 | A “corrupt persuasion” conviction under § 1512(b) requires consciousness of wrongdoing and a link to a particular proceeding. The accounting firm’s conviction over shredded Enron documents was reversed. |
| Yates v. United States | 2015 | A “tangible object” under § 1519 means an object used to record or preserve information. A fisherman who threw undersized fish overboard was not covered. |
| Marinello v. United States | 2018 | The tax obstruction statute requires a pending or reasonably foreseeable IRS proceeding, such as an audit, that the person knew about. |
| Fischer v. United States | 2024 | Section 1512(c)(2) applies only to impairing the availability or integrity of records, documents, or objects (or other things used in a proceeding), not to every act that obstructs an official proceeding. |
How Obstruction Charges Arise in Federal Investigations
Most obstruction cases we see don’t start with a plan to obstruct. They start with panic after a subpoena, a target letter, or a visit from agents. These are the situations that most often turn a witness into a defendant:
If you’ve received a subpoena or learned you’re under investigation, preserve everything and talk to a lawyer before you speak with anyone about the case. See What to Do If the FBI Raids Your Business.
Obstruction of Justice Under State Laws
Every state has its own obstruction laws. State statutes tend to focus on interfering with police officers on the street rather than on documents and witnesses, and they are often misdemeanors unless violence is involved.
| State | Law | Typical penalty |
|---|---|---|
| Georgia | O.C.G.A. § 16-10-24, obstructing or hindering law enforcement officers | Misdemeanor; a felony (1 to 5 years) if the person used or threatened violence |
| California | Penal Code § 148(a)(1), resisting, delaying, or obstructing an officer | Misdemeanor; up to 1 year in county jail and a $1,000 fine |
| Florida | Fla. Stat. §§ 843.01, 843.02, resisting an officer with or without violence | First-degree misdemeanor without violence; third-degree felony with violence |
A single incident can lead to both state and federal charges. Federal obstruction statutes generally apply when the proceeding or investigation being obstructed is federal.
Obstruction of Justice and Presidential Impeachment
Obstruction is best known to many people from presidential impeachments. It has appeared in proposed or approved articles of impeachment against three presidents:
| President | Year | What happened |
|---|---|---|
| Richard Nixon | 1974 | The House Judiciary Committee approved an article of impeachment for obstruction of justice related to the Watergate cover-up. Nixon resigned before the full House voted. |
| Bill Clinton | 1998 | The House impeached Clinton on charges of perjury and obstruction of justice. The Senate acquitted him in February 1999. |
| Donald Trump | 2019 | The House impeached Trump on charges of abuse of power and obstruction of Congress. The Senate acquitted him in February 2020. |
Impeachment is a political process, not a criminal prosecution. The criminal statutes described above apply to everyone else.
Obstruction of Justice FAQs
Is obstruction of justice a felony?
Federal obstruction offenses are felonies, with maximum sentences ranging from 3 to 30 years depending on the statute. A few narrow offenses, such as obstructing a court order under 18 U.S.C. § 1509, carry 1 year or less. Many state obstruction laws are misdemeanors unless violence is involved.
Can you be charged with obstruction if you didn’t commit the underlying crime?
Yes. Obstruction is a separate crime. People are regularly convicted of obstruction or false statements in investigations where no one is ever charged with the original offense.
Is lying to the FBI obstruction of justice?
Lying to federal agents is usually charged as making false statements under 18 U.S.C. § 1001, which carries up to 5 years. If the lie was meant to impede a grand jury or other official proceeding, prosecutors may also charge obstruction under § 1503 or § 1512.
Is deleting text messages obstruction of justice?
It can be. Deleting messages, emails, or files with the intent to keep them from investigators can be charged under 18 U.S.C. § 1519 or § 1512(c), each with a maximum of 20 years. Routine deletion under a normal retention policy, before you knew about any investigation, is generally not a crime. Once you know about an investigation, stop deleting.
Is refusing to talk to the police obstruction?
No. You have a constitutional right to remain silent and to have a lawyer present. Politely declining an interview is not obstruction. Giving false information, hiding evidence, or physically interfering with officers can be.
What is the statute of limitations for obstruction of justice?
Most federal obstruction offenses must be charged within 5 years of the conduct under the general federal statute of limitations, 18 U.S.C. § 3282.
Sources
- 18 U.S.C. Chapter 73, Obstruction of Justice, Office of the Law Revision Counsel.
- Legal Information Institute, 18 U.S.C. § 1512, Tampering with a witness, victim, or an informant.
- U.S. Sentencing Commission, 2025 Sourcebook of Federal Sentencing Statistics, Tables 15, 20 and 21.
- U.S. Sentencing Commission, 2025 Guidelines Manual, §2J1.2, and Chapter 3, §3C1.1.
- Supreme Court of the United States, Fischer v. United States, 603 U.S. 480 (2024).