By Nathan Cate, Nashville Criminal Defense Attorney | Cate Law

A teenager in Davidson County was standing on the sidewalk when police arrived to execute an arrest warrant on his older brother. The officers knocked on the door. The teenager yelled inside the house, “Police are here — go out the back.” The brother escaped through the back door. The teenager was arrested and charged with obstruction of justice.

A woman in Sumner County was pulled over during a traffic stop. Her boyfriend, the passenger, had a bag of marijuana in his pocket. While the officer walked back to the patrol car to run the driver’s license, the boyfriend handed the bag to the woman, who shoved it under her seat. When the officer found it, both were charged — the boyfriend with possession and the woman with obstruction of justice for hiding the evidence.

A man in Wilson County was questioned at his front door about a hit-and-run that had occurred on his street. He told the officers he had not seen anything and did not know who was involved. Surveillance footage later showed that he had been standing in his driveway watching when the collision happened and had spoken to the driver before the driver left. He was charged with obstruction for lying to the police.

Obstruction of justice under T.C.A. 39-16-602 is one of the broadest criminal statutes in Tennessee. It covers any intentional act that prevents or obstructs anyone from performing an authorized act of government. It does not require violence, physical resistance, or confrontation with a police officer. Warning someone about a warrant, hiding evidence, lying to investigators, and refusing to comply with a lawful order can all fall within the statute’s reach.

Obstruction is a Class A misdemeanor — up to 11 months and 29 days in jail and a $2,500 fine. But the charge is rarely filed alone. It is almost always added alongside other charges, which means the defendant faces cumulative penalties. I have defended clients in Davidson County, Williamson County, Rutherford County, Sumner County, Wilson County, and Maury County on obstruction charges that ranged from split-second decisions made during a police encounter to sustained patterns of interference with investigations. Here is how the statute works and where the defenses lie.

The Statute: T.C.A. 39-16-602

Tennessee’s obstruction of justice statute is found at T.C.A. 39-16-602. The statute provides that it is an offense for a person to intentionally prevent or obstruct anyone from performing an act or duty authorized by statute, rule, regulation, or order of a court.

Elements the State Must Prove

To convict on an obstruction charge, the State must prove beyond a reasonable doubt:

Intentionally: The defendant acted with the conscious objective or desire to prevent or obstruct the government action. Accidental interference does not satisfy this element.
Prevented or obstructed: The defendant’s conduct had the effect of preventing or obstructing — or was aimed at preventing or obstructing — the performance of the act.
Anyone: The statute is not limited to police officers. It covers interference with any government actor performing an authorized duty — judges, prosecutors, code enforcement officers, health inspectors, probation officers, court clerks, and others.
From performing an act or duty authorized by statute, rule, regulation, or order of a court: The act being obstructed must have been authorized. This is a limiting element — the government actor must have been performing a lawful function.

Penalty: Class A Misdemeanor

Obstruction of justice is a Class A misdemeanor, carrying up to 11 months and 29 days in jail and up to $2,500 in fines. A conviction can also result in probation, community service, and a criminal record that appears on background checks.

How Obstruction of Justice Differs From Resisting Arrest

Obstruction and resisting arrest are frequently confused, but they are distinct offenses that cover different conduct.

Resisting arrest under T.C.A. 39-16-602(b) (a subsection of the same statute) specifically addresses physical resistance to a lawful arrest or detention. It involves force against an officer — pulling away, pushing, running, struggling — during the arrest process.

Obstruction of justice is broader. It does not require physical contact with anyone. It covers non-physical interference: lying to police, hiding evidence, warning a suspect, refusing to comply with a lawful court order, or interfering with a government function through deception or other non-violent means.

In practice, both charges can arise from the same encounter. A person who physically struggles with officers during an arrest (resisting) and then gives a false name (obstruction) can be charged with both offenses. The charges are not mutually exclusive.

Evading arrest under T.C.A. 39-16-603 is a separate statute that covers fleeing from law enforcement. It is distinct from both obstruction and resisting and carries its own penalty structure.

Common Fact Patterns That Produce Obstruction Charges

Obstruction of justice charges arise from a wide variety of conduct. The common thread is interference with a government function.

Lying to Police

Providing false information to law enforcement during an investigation is one of the most common bases for obstruction charges in Tennessee. Giving a false name, providing a false alibi for someone else, denying knowledge of events the defendant witnessed, or fabricating a story about what happened can all support the charge.

The distinction between lying and silence matters. Tennessee does not have a general duty to speak to police. The Fifth Amendment right against self-incrimination protects a person’s right to remain silent. A person who says “I am not going to answer your questions” has not obstructed justice. A person who says “I was not there” when they were has made an affirmative false statement that can support the charge.

Hiding or Destroying Evidence

Concealing, moving, or destroying evidence that law enforcement is seeking is obstruction. The classic scenario is a passenger swallowing or hiding drugs during a traffic stop, but the category also includes deleting text messages or photos from a phone when police are executing a search warrant, removing items from a crime scene, or hiding a weapon that officers are looking for.

Evidence destruction during an active investigation can also be charged under the separate evidence tampering statute, T.C.A. 39-16-503, which is a Class C felony. The State may charge both obstruction and evidence tampering based on the same conduct.

Warning Someone About Law Enforcement Activity

Alerting a person that police are coming to arrest them, that a search warrant is about to be executed, or that an investigation is targeting them can constitute obstruction if the warning is intended to allow the person to flee, destroy evidence, or otherwise avoid law enforcement.

The intent element is critical here. Telling a family member “the police were asking about you today” as a factual report is different from calling someone and saying “the police are on their way — get rid of everything and leave.” The first may not satisfy the intent element. The second almost certainly does.

Refusing to Comply With a Lawful Court Order

Obstruction is not limited to interference with police. Refusing to comply with a court order — such as refusing to turn over documents subject to a subpoena, refusing to submit to court-ordered testing, or refusing to allow a court-ordered inspection — can be charged as obstruction. Contempt of court is the more common mechanism for enforcing court orders, but obstruction charges are available when the refusal is intentional and aimed at defeating the government function.

Interfering With an Arrest or Detention of Another Person

A bystander who physically blocks officers from approaching a suspect, who grabs an officer’s arm during an arrest, or who creates a diversion to allow a suspect to flee can be charged with obstruction. The charge applies to third parties — not just the person being arrested. Standing in a doorway to prevent officers from entering, pulling someone away from an officer’s grasp, or driving a getaway car while someone runs from police all fall within the statute.

Obstruction as an Add-On Charge

In my experience, obstruction of justice is almost never the sole charge in a case. It is added alongside other offenses. A drug possession case where the defendant tried to swallow the drugs. An assault case where the defendant gave a false name. A DUI case where the defendant refused field sobriety tests after being told compliance was required by implied consent law. A domestic assault case where the defendant lied about their identity to avoid being served with an order of protection.

The add-on nature of the charge is strategically significant. The obstruction charge gives prosecutors additional leverage in plea negotiations. It is often the charge that gets dismissed as part of a negotiated resolution for the more serious underlying offense. Conversely, if the underlying charge is weak, the State may push the obstruction charge harder because it is easier to prove — the defendant’s own conduct (the lie, the hidden evidence, the warning) is often undisputed.

Defenses to Obstruction of Justice

No Intent

The statute requires intentional conduct. If the defendant did not act with the conscious objective of obstructing a government function, the charge should not stand. A person who gave inaccurate information because they were confused, scared, or mistaken — not because they intended to deceive — may lack the required intent. The State must prove intent beyond a reasonable doubt, and in chaotic situations (arrests, police encounters, emergency scenes), the line between intentional obstruction and confused non-compliance is often blurry.

Protected Speech and Silence

The First Amendment protects speech, and the Fifth Amendment protects silence. Obstruction charges that are based on a defendant’s verbal criticism of police, refusal to answer questions, or exercise of the right to remain silent are constitutionally problematic. Telling an officer “I think what you are doing is wrong” is protected speech, not obstruction. Saying “I do not want to answer questions without my lawyer” is an exercise of constitutional rights, not interference.

The boundary is between protected expression and affirmative interference. Refusing to speak is protected. Lying is not. Criticizing the police is protected. Physically blocking them is not. The defense challenge is ensuring that the jury understands this distinction when the State frames lawful behavior as obstruction.

The Government Act Was Not Authorized

The statute requires that the act being obstructed was authorized by statute, rule, regulation, or court order. If the government actor was exceeding their authority — conducting an unlawful search, making an arrest without probable cause, or enforcing an invalid court order — the defendant’s interference with that unauthorized act does not constitute obstruction. A suppression motion that establishes the underlying government action was unlawful can undermine the obstruction charge.

Proportionality and Overcharging

Because the obstruction statute is so broad, it is sometimes used to criminalize conduct that falls into a gray area between lawful assertion of rights and unlawful interference. Defense attorneys challenge overcharging by examining whether the conduct at issue was minor, ambiguous, or within the range of behaviors that reasonable people might engage in during stressful encounters with law enforcement. A person who hesitated before complying with an order, who asked “why?” before following a command, or who walked slowly when told to move is engaging in conduct that may not rise to intentional obstruction.

Related Statutes

Several Tennessee statutes overlap with or are related to obstruction of justice.

T.C.A. 39-16-603 — Evading Arrest: A separate offense covering flight from law enforcement. Evading on foot is a Class A misdemeanor; evading in a motor vehicle is a Class E felony, elevated to Class D if it creates risk of death or injury.
T.C.A. 39-16-604 — Escape: Leaving lawful custody or failing to return from authorized leave. Classification depends on circumstances.
T.C.A. 39-16-503 — Tampering With or Fabricating Evidence: A Class C felony covering alteration, destruction, or fabrication of evidence. Broader than the evidence-hiding component of obstruction and carries far more serious penalties.
T.C.A. 39-16-507 — Coercion of Witness: Covered separately under witness tampering statutes.
T.C.A. 39-16-301 — False Reports: Filing a false police report is a separate offense from lying to police during an investigation, though both can be charged alongside obstruction.

Diversion Eligibility

Because obstruction of justice is a Class A misdemeanor, first-time offenders may be eligible for pretrial or judicial diversion. Under diversion, the defendant completes a period of supervision and satisfies conditions set by the court (community service, counseling, no new offenses). Upon successful completion, the charge is dismissed and the record can be expunged.

Diversion is particularly valuable for obstruction defendants because the charge frequently affects people with no prior criminal history who made a poor decision during a high-stress encounter. A first-time offender who lied to police in the moment, then cooperated fully after speaking with an attorney, is a strong candidate for diversion.

The decision to grant diversion is within the court’s discretion. Factors include the defendant’s criminal history, the nature of the conduct, the impact on the victim (if any), and the defendant’s attitude toward rehabilitation. In Davidson County, obstruction charges resolved through diversion are common when the facts support it.

Collateral Consequences of an Obstruction Conviction

Even though obstruction is a misdemeanor, a conviction carries consequences beyond the sentence itself. A Class A misdemeanor conviction appears on criminal background checks and can affect employment, housing applications, professional licensing, and security clearances. For defendants who hold or are pursuing professional licenses — nurses, teachers, CDL holders, real estate agents — even a misdemeanor conviction for a crime involving dishonesty can trigger license review or revocation proceedings.

Because obstruction charges frequently involve allegations of lying to law enforcement or hiding evidence, the conviction carries an implicit finding of dishonesty. This creates particular problems for defendants who may later be called as witnesses in other proceedings — the conviction can be used to impeach their credibility on cross-examination. For defendants in professions that require trustworthiness determinations, the dishonesty element of an obstruction conviction is often more damaging than the jail time.

Frequently Asked Questions

Is obstruction of justice a felony in Tennessee?

No. Obstruction of justice under T.C.A. 39-16-602 is a Class A misdemeanor, punishable by up to 11 months and 29 days in jail and up to $2,500 in fines. However, related offenses can be felonies — evidence tampering under T.C.A. 39-16-503 is a Class C felony, and evading arrest in a motor vehicle under T.C.A. 39-16-603 is a Class E felony. The State may charge the more serious offense depending on the specific conduct involved.

Can I be charged with obstruction for refusing to answer police questions?

No. The Fifth Amendment protects your right to remain silent. You cannot be criminally charged for declining to answer questions, for invoking your right to counsel, or for refusing to make a statement. The distinction is between silence and affirmative deception. Saying nothing is protected. Saying something false — giving a fake name, providing a false alibi, denying that you witnessed something you saw — is not protected silence. It is an affirmative act that can support an obstruction charge.

Is lying to the police a crime in Tennessee?

Lying to police during an investigation can be charged as obstruction of justice if the false statement was intentional and aimed at preventing or obstructing a government function. Not every false statement qualifies — the State must prove that the lie was intentional and that it had the purpose or effect of interfering with an authorized government act. Filing a false police report is a separate offense under T.C.A. 39-16-301.

Can I be charged with obstruction for warning someone that police are coming?

Yes, if the warning was intended to allow the person to flee, destroy evidence, or otherwise avoid law enforcement. The intent element is critical. Casually mentioning to a neighbor that you saw police on the street is different from calling someone and telling them to leave because officers are executing a warrant. The State must prove that the warning was made with the conscious objective of obstructing the police action.

What is the difference between obstruction and resisting arrest?

Resisting arrest involves physical resistance to a lawful arrest or detention — pulling away, pushing, struggling with officers, or using force. Obstruction of justice is broader and covers non-physical interference: lying, hiding evidence, warning suspects, refusing to comply with court orders, and other conduct that prevents or obstructs government functions without physical force. Both can be charged from the same incident if the defendant both physically resisted and engaged in non-physical interference.

Talk to a Criminal Defense Lawyer

Obstruction of justice charges are easy to pick up and harder to shake than most people expect. The statute’s breadth means that conduct ranging from a split-second lie during a traffic stop to a sustained effort to hide evidence can all produce the same charge. The defenses — lack of intent, protected speech, unauthorized government action — are fact-dependent and require a lawyer who knows how courts in your jurisdiction interpret the statute.

Nathan Cate is a Nashville criminal defense attorney and court-qualified criminal defense expert witness who has defended obstruction charges throughout Middle Tennessee — Davidson County, Williamson County, Rutherford County, Sumner County, Wilson County, and Maury County.

Call (615) 664-8083 or visit the office at 222 2nd Avenue North, Suite 220, Nashville, TN 37201.

This blog post is for informational purposes only and does not constitute legal advice. Every case is different. If you are facing criminal charges, consult with a qualified attorney about your specific situation.