Augusta County Obstruction Defense Lawyer — What Are Your Options?
Obstruction of justice in Augusta County is a serious offense under Va. Code § 18.2-460, carrying up to 12 months in jail and a $2,500 fine as a Class 1 misdemeanor. Law Offices Of SRIS, P.C. has 13 total documented case results across all practice areas in Augusta County.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Virginia Obstruction of Justice Law
Virginia law defines obstruction of justice under Va. Code § 18.2-460. The statute makes it illegal to knowingly obstruct a law enforcement officer, judge, magistrate, or other official in the performance of their duties. This can include providing false information, physically interfering, or fleeing to avoid arrest. The specific elements the Commonwealth must prove are that you acted knowingly and that your actions actually hindered an official’s lawful duty. A conviction creates a permanent criminal record, impacting employment, housing, and professional licenses. An obstruction defense lawyer Augusta County examines whether the officer was acting lawfully and if your actions rose to the level of a knowing obstruction.
Official Legal Resources
For the full text of the obstruction statute, see Va. Code § 18.2-460 (official Virginia General Assembly). For court procedures and forms, visit the Augusta County General District Court website.
Augusta County Court Process for Obstruction Charges
Obstruction cases in Augusta County begin at the Augusta County General District Court at 6 East Johnson Street, Staunton. The Commonwealth’s Attorney prosecutes these cases. A key local procedural fact is that first offender programs under Va. Code § 19.2-303.2 may be available, where successful completion results in dismissal. The court handles all misdemeanor trials and felony preliminary hearings. For any offense carrying potential jail time, you have an absolute right to a jury trial in Augusta County Circuit Court.
- Arraignment: You will be formally charged and enter a plea of not guilty, guilty, or no contest.
- Discovery & Investigation: Your obstruction defense lawyer Augusta County will obtain all police reports, bodycam footage, and witness statements to build your defense.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge if your rights were violated.
- Negotiation or Trial: Your lawyer will negotiate with the prosecutor for a reduction or dismissal. If no agreement is reached, your case proceeds to a bench trial in GDC or a jury trial in Circuit Court.
Penalties for Obstruction of Justice in Virginia
In Augusta County, obstruction of justice is typically a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Obstruction of Justice (Misdemeanor) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None directly | Criminal record, possible probation |
| Obstruction of Justice (Felony – involving force) | Class 5 Felony | 1-10 years (or up to 12 months at jury discretion) | Up to $2,500 | None directly | Felony record, loss of civil rights |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Augusta County Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Our approach is grounded in a deep understanding of both sides of the courtroom. For example, Of Counsel attorney Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience, provides unique insight into police procedures and investigation standards, which is invaluable for building a strong obstruction and resisting arrest defense.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Augusta County
Our firm has 13 total documented case results across all practice areas in Augusta County, with a 100% favorable outcome rate for those matters. Results may vary. Prior results do not guarantee a similar outcome. Our team, including former prosecutor Kristen Fisher, has successfully defended clients against various charges in Virginia courts. Her prosecutorial experience provides significant insight into how the Commonwealth builds its cases, which we use to develop effective counter-strategies for our clients facing obstruction and other charges.
Local Augusta County Defense Lawyer
Our Shenandoah/Woodstock location serves clients at the Augusta County courts (6 East Johnson Street). We are accessible via I-81, I-64, Route 11, Route 250, and Route 340. We are an obstruction defense lawyer near Staunton, Waynesboro, and the Frontier Culture Museum. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only.
Augusta County Obstruction Defense FAQs
What is the penalty for a misdemeanor in Augusta County, Virginia?
A Class 1 misdemeanor in Augusta County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Augusta County General District Court (6 East Johnson Street, 2nd Floor, Staunton, VA 24401). 13 total documented case results across all practice areas (100% favorable outcome rate).
What is the difference between obstruction of justice and resisting arrest?
It depends on the specific actions. Obstruction of justice under Va. Code § 18.2-460 is a broader charge for knowingly hindering an officer’s duties, which can include giving false information. Resisting arrest under § 18.2-479.1 is a specific type of obstruction that involves physically preventing an arrest. A resisting arrest defense lawyer Augusta County can argue that the actions did not meet the legal threshold for either charge.
Can obstruction charges be dropped in Augusta County?
Yes. An obstruction defense lawyer Augusta County can seek dismissal if the officer was not engaged in a lawful duty, if your actions were not knowing, or if procedural errors occurred. First offender programs under Va. Code § 19.2-303.2 may also lead to dismissal upon successful completion.
Do I need a lawyer for an obstruction charge in Augusta County?
Yes. Even a misdemeanor obstruction charge carries up to 12 months in jail and creates a permanent criminal record. The Commonwealth’s Attorney prosecutes these cases at Augusta County General District Court. A lawyer protects your rights, challenges the evidence, and works toward the best possible outcome.
What should I do if I’m charged with obstruction?
First, remain silent and request an attorney. Do not discuss the incident with law enforcement. Contact an obstruction defense lawyer Augusta County immediately. Your lawyer will review the arrest details, obtain all evidence (like bodycam footage), and develop a defense strategy, which may involve challenging the legality of the officer’s underlying action.
Related Legal Information
If you are facing related charges, you may need a Virginia criminal defense lawyer. For charges in nearby jurisdictions, consider a Shenandoah County criminal defense lawyer or a Rockingham County criminal defense lawyer. For other legal issues in Augusta County, see our pages on Augusta County DUI defense and Augusta County family law.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.