Obstructing Legal Process in Minnesota
The crime of Obstructing Legal Process in Minnesota is a very broad charge that can apply to almost any circumstance when a peace officer, a firefighter, an EMT, or even a Department of Revenue employee believes that somebody is not following proper instructions and somehow obstructs the officer in performing their official duties. Depending upon the amount of force used, the charges can get very serious, very quickly. Typically, the most common charges are misdemeanor obstruction, known as OLP, and gross misdemeanor obstruction with force, known as OLP with force. However, under some circumstances, it can be charged as a felony. If you have been charged with criminal obstruction of legal process in Minnesota, it is important that you contact an experienced criminal defense attorney to discuss your case.
One of the concerns with this kind of charge is that it can make somebody charged with it seem unbalanced and dangerous. How does it impact jobs, careers and more.
According to the Minnesota statute, obstruction of the legal process can take many forms and would apply to anyone who:
Obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense.
Obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties (very common).
Interferes with or obstructs a firefighter while the firefighter is engaged in the performance of official duties (almost very common).
Interferes with or obstructs a member of an ambulance service personnel crew who is providing, or attempting to provide, emergency care.
By force or threat of force, endeavors to obstruct any employee of the Department of Revenue while the employee is lawfully engaged in the performance of official duties for the purpose of deterring or interfering with the performance of those duties.
Possible Penalties for Obstruction of Legal Process in Minnesota
A person facing the Obstruction of the Legal process in Minnesota can face misdemeanor, gross misdemeanor, and even felony charges.
Misdemeanor Obstruction of Legal Process in Minnesota+
A person could face a Misdemeanor Obstruction of Legal Process in Minnesota if they:
Committed any of the acts listed above; and
Force or violence or the threat of force or violence is not a requirement.
If convicted of Misdemeanor Obstruction of Legal Process if Minnesota, a person could face:
Up to 90 days in a Minnesota jail.
Up to a $1,000 fine.
+It is important to note that a companion charge to misdemeanor obstruction of legal process in Minnesota is disorderly conduct.
Gross Misdemeanor Obstruction of Legal Process in Minnesota*
A person could face a Gross Misdemeanor Obstruction of Legal Process in Minnesota if they:
Committed any of the acts listed above; and
They used force or violence or threat of force or violence.
If convicted of Gross Misdemeanor Obstruction of Legal Process if Minnesota, a person could face:
Up to 1 year in a Minnesota prison
Up to a $3,000 fine.
*It is important to note that in the event of a gross misdemeanor OLP with force, there may be the possibility of 4th degree Felony assault charges, depending upon the circumstances. Consult with an experienced attorney.
Felony Obstruction of Legal Process in Minnesota#
A person could face a Felony Obstruction of Legal Process in Minnesota if they:
Committed any of the acts listed above; and
Knew or had reason to know that the act:
created a risk of death, substantial bodily harm, or serious property damage; or
caused death, substantial bodily harm, or serious property damage
If convicted of Felony Obstruction of Legal Process if Minnesota, a person could face:
Up to 5 years in a Minnesota prison
Up to a $10,000 fine.
#As in the gross misdemeanor OLP charges, in the even of a felony OLP charge, there is always the possibility of a felony manslaughter charge or 1st or 2nd degree felony assault charges. Consult with an experienced attorney.
Frequently, justice doesn’t just “prevail.” It takes experience, expertise, talent, education, the right facts, and the right lawyer. Find somebody you trust and somebody who has been here before.
St. Paul based Obstruction of Legal Process Attorney Jack Rice has been fighting these kinds of allegations in Minnesota for decades and has an award-winning track record. Don’t just put your representation into anybody’s hands. Go with the best. Obstruction of Legal Process Lawyer Jack Rice is a Board Certified Criminal Law Specialist and has an award-winning track record. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.