Obstruction of Justice Lawyer New Kent County, VA

You were pulled over on Route 33 late on a Friday night. The officer asked you to step out of the car; you asked why. Things escalated quickly, and suddenly you are sitting in the back of a patrol car, charged with obstruction of justice. Now you are facing a criminal record, possible jail time, and a court date at the New Kent County General District Court. You need to understand what the charge means and who can help. Mr. Sris and his Of Counsel at Law Offices Of SRIS, P.C. have handled criminal cases in New Kent County and across Virginia since 1997. Call (888) 437‑7747 to schedule a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

How an Obstruction of Justice Charge Is Handled in New Kent County

The Commonwealth’s Attorney for New Kent County prosecutes obstruction cases under Va. Code § 18.2‑460. The statute distinguishes between simple obstruction and obstruction accompanied by a threat. Both require proof that the defendant knowingly impeded a law‑enforcement officer, judge, or other court official in the performance of their duties. The New Kent County General District Court hears misdemeanor obstruction cases; if the charge is a felony, a preliminary hearing is held in General District Court before the case is sent to New Kent County Circuit Court for trial.

Because obstruction charges often arise during heated moments, the evidence can be disputed. An officer’s report may describe a physical act, while the accused maintains the act was reflexive or never occurred. A thorough evaluation of the officer’s account, any body‑worn camera footage, and witness statements is central to building a defense. New Kent County is served by the Ninth Judicial District, and local practice requires that counsel be prepared to argue motions early in the proceeding.

Strategy Options for an Obstruction Charge

A defense against an obstruction charge in Virginia may challenge the element of intent. A person who merely questioned an officer or expressed frustration, without physically hindering the officer’s duties, may not have committed a crime. The First Amendment protects a significant amount of verbal criticism of police conduct, and courts draw a line between protected speech and conduct that actually obstructs. Another defense looks at whether the officer’s order was lawful; a person generally need not comply with an unlawful command. In many misdemeanor cases, the Commonwealth may agree to amend the charge to a lesser offense if the evidence supports it.

When the charge is a felony obstruction under Va. Code § 18.2‑460(B)—obstruction accompanied by a threat of bodily harm—the stakes increase. The defense may focus on whether the statement truly communicated a threat or was instead an angry remark made in the heat of the moment. The fact‑specific nature of these cases means that early review of the discovery materials is critical.

What to Expect After an Obstruction Arrest

After an arrest for obstruction, a magistrate sets bond—often personal recognizance for a first‑offense misdemeanor, but secured bond if the charge is a felony. An arraignment is held at the New Kent County General District Court, located at 12001 Courthouse Circle, New Kent, VA 23124. At the arraignment, the accused is informed of the charge and a trial date is set. A misdemeanor trial in General District Court is heard by a judge; there is no right to a jury trial at that level, but a defendant may appeal a conviction for a new trial in Circuit Court, where a jury trial is available. A felony obstruction charge will go through a preliminary hearing in General District Court before transfer to Circuit Court.

While waiting for trial, the court may impose conditions. Violating them can lead to a new charge. Having an attorney involved early helps ensure that conditions are reasonable and that the case is prepared for a strong presentation at trial.

Penalties for Obstruction of Justice in Virginia

A conviction, even for a misdemeanor, creates a permanent criminal record that can affect employment, housing, and professional licenses. A felony conviction carries additional disabilities, including loss of the right to possess firearms. Because Virginia’s expungement law permits record clearing only for acquittals, dismissals, and nolle prosequi, achieving a dismissal or a favorable amendment is often the primary goal of the defense.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He has practiced criminal law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

Mr. Sris is supported by Of Counsel attorneys, including a former Virginia State Trooper with 15 years of law‑enforcement service. This team brings over 120 years of combined legal experience with over 4,739+ documented firm-wide results. Results may vary. In New Kent County, Mr. Sris and his Of Counsel have documented 4 case results—3 dismissed or not guilty, and 1 reduced or amended—a favorable outcome in all reported instances.

Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA

Last reviewed: June 2026

Frequently Asked Questions

How does a Virginia lawyer defend against obstruction of justice charges?

Defense strategies often focus on challenging the officer’s account, asserting First Amendment protection for speech that did not physically interfere, and examining whether the accused acted with the required intent. In many cases, an attorney will seek to reduce a felony obstruction charge to a misdemeanor or achieve a dismissal by showing that the alleged conduct did not actually impede law enforcement. A thorough review of body‑camera footage, witness interviews, and the officer’s report is critical. Because each case is highly fact‑specific, an experienced attorney tailors the defense to the particular circumstances.

What are the penalties for obstruction of justice in Virginia?

Simple obstruction without threats is a Class 1 misdemeanor, with up to 12 months in jail and a $2,500 fine; obstruction accompanied by threats of bodily harm is a Class 5 felony, carrying 1 to 10 years in prison. In addition to incarceration and fines, a conviction creates a permanent criminal record. A felony conviction also results in the loss of firearm rights and can affect future employment and professional licensing. Restitution is not a typical part of an obstruction sentence unless property damage occurred.

What should I do if I am facing obstruction of justice charges in New Kent County?

Contact a criminal attorney immediately and do not discuss the case with anyone except your lawyer. Preserve any evidence you have, such as video recordings, photographs, and witness contact information. Follow all court‑ordered conditions of release to avoid additional charges. An attorney can review the arrest report, identify potential defenses, and begin communicating with the Commonwealth’s Attorney to explore resolution options.

Can an obstruction of justice charge be expunged in Virginia?

Virginia allows expungement only for charges that ended in an acquittal, a dismissal, or a nolle prosequi; a conviction cannot be expunged. Therefore, achieving a favorable resolution before trial—or an acquittal at trial—is essential for those seeking a clean record. The petition for expungement is filed in New Kent County Circuit Court. If you are found not guilty or the charge is dismissed, you may be eligible to have the police and court records sealed.

How does bail work for an obstruction charge in New Kent County?

A magistrate sets bond shortly after arrest; first‑offense misdemeanor obstruction often results in personal recognizance, while felony obstruction typically requires a secured bond. A bond hearing in the New Kent County General District Court can be requested to seek more favorable terms. Factors the court considers include ties to the community, criminal history, and the nature of the alleged offense.

Is obstruction of justice a felony in Virginia?

It depends on the presence of a threat of bodily harm. Obstruction that involves only hindering or resisting law enforcement is a Class 1 misdemeanor. If the obstruction includes a threat to cause bodily injury or force against the officer, it becomes a Class 5 felony under Va. Code § 18.2‑460(B). Determining which subsection applies is a critical early step in the defense.

For a full statutory breakdown of Virginia obstruction law, see our comprehensive analysis at srislawyer.com.

Official sources: Va. Code § 18.2‑460 · New Kent County Combined Courts

Reach Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your case. Our Richmond location serves clients at the New Kent County courts. By appointment only. Call to schedule.

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Case results depend on a variety of factors unique to each case.