Virginia criminal charge
Obstructing justice in Virginia
Current through 2026 Virginia legislative session
Obstructing justice is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-460. Its classification is not fixed: Virginia 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 Va. Code Ann. § 18.2-460.
What is the penalty for obstructing justice in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 12 months (Obstructing justice — obstructing officials/witnesses without just cause — A person without just cause knowingly obstructs, or fails to cease obstructing when requested, a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer in the performance of duties.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Obstructing justice — obstructing officials/witnesses without just cause — A person without just cause knowingly obstructs, or fails to cease obstructing when requested, a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer in the performance of duties.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Obstructing justice — intimidation or impeding by threats or force — A person by threats or force knowingly attempts to intimidate or impede specified officials or witnesses lawfully engaged in duties, or to obstruct/impede the administration of justice in court, except as provided in subsection C.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Obstructing justice — intimidation or impeding by threats or force — A person by threats or force knowingly attempts to intimidate or impede specified officials or witnesses lawfully engaged in duties, or to obstruct/impede the administration of justice in court, except as provided in subsection C.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (Obstructing justice — intimidation by threats of bodily harm/force related to drug or violent felony proceedings — A person by threats of bodily harm or force knowingly attempts to intimidate or impede specified officials or witnesses, or obstruct/impede the administration of justice, relating to specified drug offenses, gang-related offenses, or violent felonies listed in § 17.1-805(C).; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Obstructing justice — intimidation by threats of bodily harm/force related to drug or violent felony proceedings — A person by threats of bodily harm or force knowingly attempts to intimidate or impede specified officials or witnesses, or obstruct/impede the administration of justice, relating to specified drug offenses, gang-related offenses, or violent felonies listed in § 17.1-805(C).; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Obstructing justice — false statement to law-enforcement/animal control officer during investigation — A person knowingly and willfully makes a materially false statement or representation to a law-enforcement or animal control officer conducting an investigation of a crime by another.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Obstructing justice — false statement to law-enforcement/animal control officer during investigation — A person knowingly and willfully makes a materially false statement or representation to a law-enforcement or animal control officer conducting an investigation of a crime by another.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | up to 12 months (Obstructing justice — preventing lawful arrest by fleeing — A person intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him by fleeing after the officer applies physical force or communicates that he is under arrest under specified conditions.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Obstructing justice — preventing lawful arrest by fleeing — A person intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him by fleeing after the officer applies physical force or communicates that he is under arrest under specified conditions.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is obstructing justice classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Obstructing justice — obstructing officials/witnesses without just cause | class 1 misdemeanor | A person without just cause knowingly obstructs, or fails to cease obstructing when requested, a judge, magistrate, justice, juror, attorney for the Commonwealth, witness, law-enforcement officer, or animal control officer in the performance of duties. | Va. Code Ann. § 18.2-460A |
| Obstructing justice — intimidation or impeding by threats or force | class 1 misdemeanor | A person by threats or force knowingly attempts to intimidate or impede specified officials or witnesses lawfully engaged in duties, or to obstruct/impede the administration of justice in court, except as provided in subsection C. | Va. Code Ann. § 18.2-460B |
| Obstructing justice — intimidation by threats of bodily harm/force related to drug or violent felony proceedings | class 5 felony | A person by threats of bodily harm or force knowingly attempts to intimidate or impede specified officials or witnesses, or obstruct/impede the administration of justice, relating to specified drug offenses, gang-related offenses, or violent felonies listed in § 17.1-805(C). | Va. Code Ann. § 18.2-460C |
| Obstructing justice — false statement to law-enforcement/animal control officer during investigation | class 1 misdemeanor | A person knowingly and willfully makes a materially false statement or representation to a law-enforcement or animal control officer conducting an investigation of a crime by another. | Va. Code Ann. § 18.2-460D |
| Obstructing justice — preventing lawful arrest by fleeing | class 1 misdemeanor | A person intentionally prevents or attempts to prevent a law-enforcement officer from lawfully arresting him by fleeing after the officer applies physical force or communicates that he is under arrest under specified conditions. | Va. Code Ann. § 18.2-460E |
Common questions about obstructing justice in Virginia
Is obstructing justice a felony or a misdemeanor in Virginia?
It depends on the circumstances: obstructing justice ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-460.
Obstructing justice — obstructing officials/witnesses without just cause: class 1 misdemeanor (Va. Code Ann. § 18.2-460A) · Obstructing justice — intimidation or impeding by threats or force: class 1 misdemeanor (Va. Code Ann. § 18.2-460B) · Obstructing justice — intimidation by threats of bodily harm/force related to drug or violent felony proceedings: class 5 felony (Va. Code Ann. § 18.2-460C) · Obstructing justice — false statement to law-enforcement/animal control officer during investigation: class 1 misdemeanor (Va. Code Ann. § 18.2-460D) · Obstructing justice — preventing lawful arrest by fleeing: class 1 misdemeanor (Va. Code Ann. § 18.2-460E)
What are the penalties for obstructing justice in Virginia?
Which Virginia statute covers obstructing justice?
Obstructing justice is governed by Va. Code Ann. § 18.2-460 (Obstructing justice; resisting arrest; fleeing from a law-enforcement officer; penalties).
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.