Obstructing official business charges occur when someone interferes with law enforcement or other public officials performing their duties. In Ohio, this can result from actions like providing misleading information or delaying police activity. Understanding this charge is important because even minor interference can lead to serious legal consequences, including fines and jail time. This article explains what obstructing official business means under Ohio law, its penalties, and other related issues.
Statute and Key Elements
Ohio Revised Code Section 2921.31 defines obstructing official business.1Ohio Laws. Section 2921.31 – Obstructing Official Business The law states that no person, “without privilege” to do so and with the “purpose” to prevent, obstruct, or delay a public official performing an “authorized act within the public official’s official capacity,” shall do any “act that hampers or impedes” that official.
This means the person must lack a legal right for their actions and must intend to interfere. Accidental interference does not meet this standard.
The interference must involve a public official, such as a law enforcement officer, legislator, or judge, who is performing a legally authorized duty. The person’s action must hinder or make the official’s work more difficult or delayed.
Conduct That Can Lead to Charges
Actions that actively interfere with public officials, rather than simple non-cooperation, can lead to obstructing official business charges. The specifics of an interaction determine if conduct is criminal.
Physical Interference
Physically hindering a public official is a common reason for these charges. This includes direct physical contact or creating a barrier, like pulling a suspect away from an officer or blocking an officer’s path. Violence isn’t necessary; making the official’s task harder is enough. For example, physically blocking emergency personnel from reaching an injured person or refusing to exit a vehicle when lawfully ordered can be considered physical interference.
False Statements
Providing false information to mislead or divert a public official can also lead to charges. This is different from remaining silent; it involves knowingly making false statements to hinder an investigation or official action. Examples include giving a false alibi for a suspect, misdirecting officers about evidence, or providing a false name.
Concealment or Withholding Information
Actively concealing evidence, information, or a person sought by public officials can be grounds for this charge. This means taking steps to hide something or someone from officials. Examples include hiding an item during a lawful search or concealing a person with an arrest warrant.
Possible Criminal Penalties
Obstructing official business is a misdemeanor of the second degree in Ohio, carrying penalties of up to 90 days in jail and a fine of up to $750.2Ohio Laws. Section 2929.24 – Penalties for Misdemeanor
If the obstruction creates a risk of physical harm to anyone, the offense is a felony of the fifth degree. This is punishable by 6 to 12 months in prison and a fine of up to $2,500.3Supreme Court of Ohio. Felony Sentencing Quick Reference Guide
These are maximum penalties. A judge considers various factors when sentencing. Other sentencing options can include:
- Probation
- House arrest
- Community service
- Treatment programs
For felonies, post-release control (a period of supervision after prison) is also possible. A prior criminal record can lead to a more severe sentence.
Collateral Ramifications
A conviction for obstructing official business can have lasting impacts beyond court penalties, affecting daily life and future opportunities.
Employment can be affected, as many employers conduct background checks. While Ohio law (ORC Section 2953.33) offers some protection for sealed conviction records, this depends on the record being successfully sealed.4Ohio Laws. Section 2953.33 – Effect of Sealing or Expunging Record Certain professions, like law enforcement or healthcare, may bar individuals with such convictions.
Professional licenses in fields like nursing, teaching, or law may be difficult to obtain or keep. Licensing boards review criminal convictions, which could lead to denial, suspension, or revocation of a license.
Housing opportunities can also be reduced. Landlords often use background checks, and a criminal record might result in application denial.
Educational institutions may inquire about criminal history, potentially affecting admissions or program eligibility.
For non-U.S. citizens, a conviction can lead to serious immigration issues, including deportation or denial of naturalization.
A felony conviction for obstructing official business (if it involved a risk of physical harm) has specific civil rights consequences. Under Ohio law (ORC Section 2961.01), a person convicted of any felony loses the right to serve on a jury and hold public office.5Ohio Laws. Section 2961.01 – Effect of Conviction for Felony on Civil Rights A felony conviction also means the person cannot legally own or use firearms (ORC Section 2923.13).6Ohio Laws. Section 2923.13 – Having Weapons While Under Disability While some civil rights can be restored, the firearm restriction often remains unless a court specifically relieves it.
Court Proceedings
If accused of obstructing official business, the case follows a set court process. It begins with an initial appearance or arraignment.
For misdemeanors, the defendant is informed of the charges and rights, and enters a plea (guilty, not guilty, or no contest). A no contest plea means acknowledging the alleged facts without admitting guilt; it cannot be used against the defendant in later civil or criminal cases. Bail is also set at this stage.
For felonies, the initial appearance is similar, but a plea is often not entered immediately. A preliminary hearing may occur to determine probable cause. If found, the case may go to a grand jury for indictment. If indicted, the defendant is arraigned and enters a plea.
After a not guilty plea, both sides exchange information (discovery).7National Association of Criminal Defense Lawyers. Ohio Rules of Criminal Procedure – Rule 16: Discovery and Inspection Pre-trial conferences are held to discuss the case and possible plea agreements. Motions, like requests to exclude evidence, may be filed.
If no plea agreement is reached, the case goes to trial. The defendant can choose a jury trial or a trial by a judge (bench trial). The prosecution must prove guilt beyond a reasonable doubt. If convicted, or after a guilty/no contest plea, the court will issue a sentence.
Handling Allegations
If you face an allegation of obstructing official business, your initial interaction with public officials is important.
You have the right to remain silent under the Fifth Amendment. You are not obligated to answer questions from law enforcement, particularly if your answers could incriminate you.
The Sixth Amendment gives you the right to an attorney in criminal cases. If accused, it is wise to seek legal advice. An attorney can explain the charges, their implications, and guide you on how to interact with officials.
During interactions that could lead to allegations, avoid actions that might escalate the situation. Resisting an officer or becoming aggressive could lead to other charges, like resisting arrest (Ohio Revised Code Section 2921.33).8Ohio Laws. Section 2921.33 – Resisting Arrest Staying calm while asserting your rights is a good approach.
If an interaction results in an allegation, write down details of the encounter, such as officials’ names, the time, location, and what happened. This information can be helpful when speaking with a lawyer.