Skip to main content
US Criminal Defense.org
Menu

Indiana criminal charge

Obstruction of justice in Indiana

Current through 2026 Indiana legislative session

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?

Penalties for Obstruction of justice
PenaltyRangeBasisAuthority
Jail / prison6 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)))presumptiveInd. Code § 35-50-2-7
Fineup 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).)discretionaryInd. Code § 35-50-2-7
Jail / prison1 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)presumptiveInd. Code § 35-50-2-6
Fineup 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).)discretionaryInd. 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:

Classification variants for Obstruction of justice
VariantClassificationWhen it appliesStatute
Obstruction of justice (general)Level 6 FelonyA 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 caseLevel 5 FelonyDuring 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?

Penalties for obstruction of justice in Indiana depend on how it is classified — from a Level 6 Felony up to a Level 5 Felony — with the ranges set by Ind. Code § 35-50-2-7 and Ind. Code § 35-50-2-6; the full table of ranges by variant is published on this page.

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.