What’s the best defense for obstruction of justice under Georgia law?
Georgia doesn’t have one “obstruction of justice” offense. The term covers several crimes, so the best defense depends on which is charged.
| Charge | Statute | Key defense question |
|---|---|---|
| Obstructing an officer | O.C.G.A. § 16-10-24 | Lawful duty, and did the person knowingly obstruct? |
| Influencing a witness | § 16-10-93 | What was said, and with what intent? |
| Tampering with evidence | § 16-10-94 | Knowing destruction, with intent |
| Hindering apprehension | § 16-10-50 | Knew or had reasonable grounds to believe the person committed a felony, and harbored them or hid evidence |
| False statements | § 16-10-20 | Knowing, material, within government jurisdiction |
| False report | § 16-10-26 | Knowingly false |
| Perjury or false swearing | §§ 16-10-70, 16-10-71 | Knowledge and materiality |
| Bribery | § 16-10-2 | Offer tied to an official act |
| Threat or attempt against a witness | § 16-10-32 | Threat tied to an official proceeding |
| Federal obstruction | 18 U.S.C. §§ 1503, 1512, 1519 | Federal proceeding or matter |
Across all of them, intent is the common thread, so messages and timing matter most. A person’s own silence isn’t obstruction, nor is declining to help police.
Section 16-10-50’s text has no exception for family members, so a relative who hides someone isn’t protected by that section’s wording.
Exposure can exceed that of the original crime: § 16-10-93(b) reaches 10 years. A person who’s been told to preserve records, or is under investigation, faces the most risk from what they do next. A lawyer can tell them what’s safe to do with phones, accounts, and witness contact.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.