In Maryland it is a crime to obstruct or hinder a police officer from conducting an investigation. Obstructing and hindering is a common law crime and a misdemeanor in Maryland. It carries a maximum of three (3) years incarceration and/or a $3,000 fine.
Elements of Obstructing/Hindering
This offense in Maryland is a common law crime, meaning the definition of the offense has been passed down by precedent through the courts instead of being codified by statute. The Maryland courts have defined the crime of obstructing/hindering as consisting of four elements, all of which must be met in order for a crime to be committed. The four elements are:
1. The officer is engaged in the performance of duty. This element is met where the officer is on-duty or otherwise conducting official business and not off-duty.
2. There is an act or omission of an act which obstructs or hinders the officer in the performance of duty.
3. The accused has knowledge that the officer is engaged in the performance of duty. If an officer is undercover and not in uniform, that may be a valid defense as the accused may not know that the officer is on duty.
4. There is intent to obstruct or hinder the officer by the actions of the defendant. This is usually the most difficult element for the State to prove. The prosecution must show that the defendant’s actions amounted to a specific intent to commit the crime–that is, a specific intent to obstruct or hinder the officer from performing his or her duties.
A Maryland Lawyer for Obstructing or Hindering
If you are facing a charge of obstructing or hindering an officer, contact the Law Offices of Christopher L. Peretti for a free consultation at 301-875-3472. We have experience with these types of cases and can help you out with your situation. We can identify the strengths and weaknesses of cases such as these and help put you at ease about your case. If you have any questions or would like to know more about your case, contact us today.