Charged with Obstructing Legal Process? A Minnesota Criminal Defense Attorney Explains What You’re Facing Under Minn. Stat. § 609.50.
It all happened so fast. One moment, things were tense but under control. The next, you were in handcuffs, the world spinning around you. You were trying to ask a question, protect a friend, record what was happening, or maybe you just didn’t move fast enough. You certainly weren’t trying to pick a fight with a police officer, block a paramedic, or get yourself arrested. But now you’re facing a charge for Obstructing Legal Process, and the criminal complaint in your hands feels like a declaration of war. The officer’s version of events paints you as belligerent and uncooperative, twisting your actions into a criminal offense. You feel misunderstood, misrepresented, and completely powerless against the weight of the state.
This is one of the most common and misunderstood charges in the Minnesota criminal justice system. It’s a charge that police can easily add on when a situation gets heated or when they feel their authority has been challenged. They will claim you intentionally got in their way, that you physically resisted, or that you prevented them from doing their job. Prosecutors in cities from Minneapolis and St. Paul to Rochester and Duluth take these accusations seriously, viewing them as a direct challenge to law and order. They will push for a conviction that leaves a permanent mark on your record. But their story is only one side of what happened.
You do not have to accept their narrative. You do not have to face this alone. I am a Minnesota criminal defense lawyer who has dedicated my career to defending people just like you against charges of Obstructing Legal Process. I have fought for clients in courtrooms across this state, from the suburbs of Plymouth and Maple Grove to the northern city of Duluth and the southern hub of Rochester. I know how to dissect an officer’s report, challenge their version of events, and expose the truth of a chaotic situation. This is a critical moment. Your reputation, your freedom, and your future are on the line. Let’s start building the strong, strategic defense you deserve right now.
More Than “Resisting Arrest”: What Obstruction Really Means in Minnesota
When you hear “obstructing legal process,” you might picture a high-speed chase or a physical brawl with the police. While that can happen, the reality in Minnesota is much broader and often far more subtle. At its core, this crime involves intentionally getting in the way of a peace officer, firefighter, paramedic, or another public official who is lawfully doing their job. It’s a charge prosecutors love because it’s incredibly flexible. The alleged “obstruction” can be physical, like pulling your arm away during an arrest, or it can be as simple as standing in a doorway and refusing to move.
Facing a Minnesota accusation of obstructing legal process means the state believes you crossed a line from being a passive citizen to being an active impediment. This could involve hindering a deputy from serving court papers in a civil case, interfering with a firefighter trying to access a building in St. Cloud, or resisting a police officer during a traffic stop in Brooklyn Park. The key elements are your intent and the officer’s lawful duty. The government will try to prove you knew what you were doing and that your actions deliberately interfered with a legitimate government function. Understanding this charge is the first step in fighting it.
The Law You’re Up Against: Minnesota Statute § 609.50
The entire case against you is built on a specific Minnesota law. It is crucial you understand the exact language the prosecution will use to try and convict you. The charge comes from Minnesota Statute § 609.50, which lays out exactly what conduct is prohibited and the different penalty levels.
609.50 OBSTRUCTING LEGAL PROCESS, ARREST, OR FIREFIGHTING.
Subdivision 1. Crime. Whoever intentionally does any of the following may be sentenced as provided in subdivision 2:
(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense;
(2) obstructs, resists, or interferes with a peace officer while the officer is engaged in the performance of official duties;
(3) interferes with or obstructs a firefighter while the firefighter is engaged in the performance of official duties;
(4) interferes with or obstructs a member of an ambulance service personnel crew… who is providing, or attempting to provide, emergency care; or
(5) by force or threat of force endeavors to obstruct any employee of the Department of Revenue… while the employee is lawfully engaged in the performance of official duties…
Subd. 2. Penalty. A person convicted of violating subdivision 1 may be sentenced as follows:
(1) if (i) the person knew or had reason to know that the act created a risk of death, substantial bodily harm, or serious property damage; or (ii) the act caused death, substantial bodily harm, or serious property damage; to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both;
(2) if the act was accompanied by force or violence or the threat thereof, and is not otherwise covered by clause (1), to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both; or
(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
Breaking Down the State’s Burden: The Legal Elements of Obstruction
An accusation is not proof. For the state to convict you of this crime, the prosecutor carries the entire burden of proving every single one of the following legal elements beyond a reasonable doubt. If I can show that they have failed to prove even one of these components, their case against you falls apart. My entire defensive strategy will be built around dissecting and dismantling each of these elements, showing the judge or jury that the state’s narrative is not the only one—and that it is not the truth.
- IntentThe state must first prove that you acted intentionally. This means your actions were not an accident, a reflex, or a misunderstanding. You must have acted with a conscious goal to obstruct, resist, or interfere. If you stumbled into an officer’s path by accident during a chaotic scene, or if you tensed up involuntarily when an officer grabbed your arm, you did not act with the criminal intent the law requires. Proving your state of mind is one of the biggest hurdles for the prosecution, and it’s an element I attack relentlessly in every case.
- ActNext, the prosecutor must prove that your intentional act constituted obstruction, resistance, hindrance, or interference. This is an incredibly broad category. It can include physically pushing past an officer, pulling your arm away to prevent being handcuffed, refusing to exit a vehicle, or even standing in a location that prevents an officer from performing their duties. However, simply arguing with an officer or questioning their actions does not, by itself, constitute obstruction. The line between lawful speech and criminal obstruction is a critical battleground in these cases.
- Lawful Official DutiesCrucially, the state must prove that the officer, firefighter, or paramedic was engaged in the performance of lawful official duties. If the officer was acting illegally—for instance, making an arrest without probable cause or using excessive force—then you have the right to defend yourself. An officer who is violating your constitutional rights is not acting lawfully, and resisting their unlawful actions is not a crime. This element is the bedrock of many successful defenses and requires a deep investigation into the legality of the officer’s conduct from start to finish.
From Misdemeanor to Felony: Minnesota’s Severe Penalties for Obstruction
Don’t let anyone tell you this is “just a resisting arrest charge.” Depending on the specific facts alleged, Obstructing Legal Process can be charged as anything from a misdemeanor to a life-altering felony. The level of the charge dictates the severity of the potential sentence and the long-term consequences you face. Understanding what’s at stake is the first step toward building the right defense. The Minnesota sentencing for obstruction is tiered, and where your case falls on that ladder is critically important.
Misdemeanor Obstruction
This is the lowest level and the default charge in most cases. It applies when there is no allegation of force, violence, or significant harm. Even so, a conviction is serious. It is punishable by up to 90 days in jail and a $1,000 fine. It will also leave you with a permanent criminal record that can impact your life for years to come.
Gross Misdemeanor Obstruction
The charge is elevated to a gross misdemeanor if your act of obstruction was accompanied by force, violence, or the threat of force or violence. This could be something like pushing an officer, struggling physically during an arrest, or verbally threatening them. A conviction is punishable by up to 364 days in jail and a $3,000 fine.
Felony Obstruction
The most serious level is a felony. This charge is reserved for situations where your act of obstruction caused or created a foreseeable risk of death or substantial bodily harm to another person. For example, if your struggle with an officer caused them to fall and break a bone, or if your interference prevented a paramedic from providing life-saving care, you could be facing a felony. The penalty is up to five years in prison and a $10,000 fine.
How a Normal Day Ends in Handcuffs: Obstruction Scenarios in Minnesota
These charges rarely happen in a vacuum. They are born from dynamic, stressful, and often confusing interactions with authorities where intentions are misread and actions are misinterpreted. A situation can spiral out of control in seconds, leaving you facing a criminal charge you never saw coming. Here are a few common scenarios that could lead to an Obstructing Legal Process charge in Minnesota.
The Heated Argument in Downtown Minneapolis
You’re pulled over for a minor traffic violation in downtown Minneapolis. You believe the officer is being unfair, and the conversation gets heated. You start arguing, refusing to sign the ticket, and questioning the officer’s authority. While a simple argument isn’t a crime, the officer perceives your tone and refusal to comply as “interference” with their official duties. When they decide to arrest you for your non-compliance, you instinctively pull your arm back. Suddenly, you’re charged with Gross Misdemeanor Obstruction.
The Confusing Arrest in a St. Paul Suburb
You are with a group of friends outside a bar in a St. Paul suburb like Eagan when police arrive to break up a dispute. They grab your friend to place them under arrest. Believing your friend is innocent and that the police are being too aggressive, you step between them and the officer, pleading with the officer to listen to you. You don’t touch the officer, but by physically placing yourself in their path, you are charged with Misdemeanor Obstruction for hindering an apprehension.
The Chaotic Scene in a Duluth Bar
A medical emergency breaks out in a crowded Duluth bar. Paramedics are trying to reach an unconscious person, but the space is tight and chaotic. As they try to work, you are standing nearby, trying to see what’s going on. A firefighter tells you to move, but in the confusion and noise, you don’t hear them or react quickly enough. The frustrated firefighter shoves you out of the way and tells a nearby officer to arrest you for obstructing.
The Protest in Rochester
You are part of a peaceful protest in downtown Rochester. Police order the crowd to disperse from a public street. You believe you have a First Amendment right to be there and you stand your ground, locking arms with other protesters. While you are not being violent, your refusal to obey a lawful dispersal order is seen as actively preventing the police from performing their duty of clearing the street. You and others are arrested and charged with Obstructing Legal Process.
Your Fight Isn’t Over: Legal Defenses Against Obstruction Charges
Hearing the officer’s version of events can make you feel defeated, as if the case is already closed. But I want to assure you: it is not. An officer’s report is a one-sided story written to justify their actions. It is my job to deconstruct that story, expose its flaws, and present the truth. There are powerful legal defenses to fight obstruction charges in Minnesota, and an arrest is far from a conviction.
I will launch a full-scale investigation into your case. This means obtaining all available evidence—body camera footage, squad car video, police reports, and witness statements. Body cameras, in particular, can be your best defense, often showing that the officer’s written report exaggerates or completely misrepresents what happened. We will build a defense strategy designed to attack the weak points in the prosecutor’s case, protect your constitutional rights, and fight for the best possible outcome.
The Officer Was Not Acting Lawfully
The foundation of an obstruction charge is that the officer was performing a lawful duty. If their actions were illegal, you cannot be convicted for resisting them.
- Unlawful Arrest: If the officer did not have probable cause to arrest you or the person you were trying to help in the first place, the arrest was unlawful. Any resistance to an unlawful arrest cannot be the basis for an obstruction charge. We will scrutinize the reason for the initial police contact to see if it holds up.
- Excessive Force: Every person in Minnesota has the right to defend themselves against an assault, even from a police officer. If an officer uses more force than is reasonably necessary to perform their duty, their actions become unlawful. You are legally entitled to use reasonable force to protect yourself from an officer’s excessive force.
You Did Not Act Intentionally
The prosecutor must prove you acted with a specific intent to interfere. If your actions were accidental, reflexive, or misunderstood, you are not guilty of this crime.
- Accidental Interference: In a chaotic or crowded environment, it’s easy to accidentally get in an officer’s way. If you stumbled into an officer, or if you were pushed into their path by the movement of a crowd, your actions were not intentional and therefore not criminal.
- Involuntary Reflex: The human body has natural reactions to being grabbed or pushed. Tensing your muscles or instinctively pulling your arm away is a common reflex, not a conscious decision to resist. We can argue that your physical response was an involuntary reaction, not a criminal act.
Your Actions Weren’t Obstruction
Not every uncooperative act rises to the level of criminal obstruction. The First Amendment protects your right to argue with, question, and even criticize the police.
- Mere Argument or Criticism: You have a constitutional right to express your opinion to a police officer, even if you do it in a loud or angry voice. Verbally challenging an officer, without any physical interference, is not obstruction. Many officers improperly arrest people for what they perceive as “contempt of cop.”
- Refusal to Answer Questions: You have an absolute Fifth Amendment right to remain silent and not answer a police officer’s questions. A simple refusal to speak or provide information (unless you are legally required to, like identifying yourself in some situations) cannot be the basis for an obstruction charge.
You Were Acting in Self-Defense
You are not required to submit to an officer’s illegal use of force. The defense of self-defense is a valid response to an obstruction charge if the officer was the aggressor.
- Reasonable Fear of Harm: We can argue that you reasonably believed the officer’s actions were putting you in danger of bodily harm. In a fast-moving, tense situation, it can be difficult to tell what an officer’s intentions are.
- Proportional Response: The force you used to defend yourself must have been reasonable in light of the threat you faced. If an officer is using excessive force, using a reasonable amount of force to protect yourself is legally justified.
Minnesota Obstruction FAQs: What You Need to Know Right Now
Will I go to jail for obstructing legal process in Minnesota?
It’s a possibility, especially if you are charged with a gross misdemeanor or felony. However, a jail or prison sentence is not a foregone conclusion. A strong defense can lead to a dismissal, an acquittal at trial, or a favorable negotiation that avoids incarceration. For a misdemeanor, jail time is less likely for a first-time offender, but the risk is always there.
Can an obstruction charge be dismissed?
Yes. Dismissal is always my primary goal. A charge might be dismissed if I can convince the prosecutor their evidence is too weak, or if a judge suppresses key evidence (like body camera footage) because the officer violated your rights. Acting quickly is key to creating opportunities for a pre-trial dismissal.
Do I really need a lawyer for an obstruction charge in St. Cloud?
Absolutely. You should never try to handle an obstruction charge on your own, whether you are in St. Cloud, Plymouth, or anywhere else in Minnesota. These cases often come down to your word against the officer’s, and the system is designed to favor law enforcement. You need an experienced lawyer to level the playing field and fight for your rights.
What’s the difference between resisting arrest and obstructing legal process?
In Minnesota, “resisting arrest” is a form of “obstructing legal process.” The statute, § 609.50, is broad and covers more than just the act of being apprehended. It includes hindering any legal process (like serving papers) and interfering with firefighters or paramedics as well. So, resisting arrest is just one specific type of behavior prohibited by the obstruction law.
Can I be charged for just running away from the police?
Yes. Fleeing from an officer who is attempting to lawfully detain or arrest you can be considered obstructing legal process. It hinders or prevents your apprehension. This can lead to a separate charge of Fleeing a Peace Officer, which carries its own serious penalties.
What if I was just trying to help someone?
Your intentions matter. However, even if you thought you were helping, the law looks at whether your actions actually interfered with a lawful police duty. Physically inserting yourself into an arrest, even with good intentions, can still lead to a charge. Your motive, however, can be a powerful factor in negotiations or in front of a jury.
Is it obstruction to record the police in Minnesota?
No. You have a First Amendment right to record police officers performing their duties in a public place, as long as you are not physically interfering with their ability to do their job. If you maintain a safe distance and do not get in their way, you are acting within your rights. If an officer arrests you for simply recording, that is a violation of your rights.
How long does an obstruction charge stay on my record in Minnesota?
A conviction for any level of this crime—misdemeanor, gross misdemeanor, or felony—will stay on your public criminal record permanently unless you can get it expunged. Expungement is a separate court process that is never guaranteed. This is why it is so crucial to fight the charge from the very beginning.
The officer never told me I was under arrest. Does that matter?
It can. While an officer doesn’t always have to say the magic words “You’re under arrest,” the circumstances must make it clear that you are not free to leave. If you didn’t know you were being detained or arrested, it becomes harder for the prosecutor to prove you intentionally resisted that apprehension.
I didn’t even touch the officer. How can I be charged?
Physical contact is not required for an obstruction charge. The law prohibits obstructing, hindering, or interfering. This can include non-physical acts like refusing to obey a lawful order to move, providing a false name, or standing in a way that blocks an officer’s path.
What if the police report is full of lies?
This is extremely common. Police reports are often written to make the officer’s actions look as justified as possible. One of my most important jobs is to pick apart that report, compare it to objective evidence like body camera footage, and expose the inconsistencies and falsehoods to the prosecutor and the court.
I was drunk. Is that a defense?
Voluntary intoxication is generally not a valid defense in Minnesota. However, it can sometimes be relevant to whether you were ableto form the specific “intent” to obstruct. We could argue that due to your level of intoxication, you were incapable of understanding the officer’s commands or forming a conscious objective to interfere. It’s a difficult but sometimes viable argument.
Can this charge affect my immigration status?
Yes, absolutely. For non-citizens, a conviction for obstructing legal process can be very serious. Depending on the specifics, it could be considered a Crime Involving Moral Turpitude (CIMT), which can lead to deportation, prevent you from obtaining a green card, or block you from becoming a U.S. citizen.
I live in a smaller town, not the Twin Cities. Can you help me?
Yes. I represent clients throughout the entire state of Minnesota. The laws and your constitutional rights are the same whether you were arrested in Hennepin County, Ramsey County, St. Louis County, Olmsted County, or a smaller rural county. My experience is an asset no matter where your case is being heard.
What is the first step I should take?
Exercise your right to remain silent. Do not try to talk your way out of it with the police. Then, before your first court appearance, call an experienced Minnesota criminal defense attorney. The sooner I can get involved, the more I can do to protect you and start building your defense.
The Aftermath: What an Obstruction Conviction Means for Your Future
The judge’s final gavel is not the end of the story. A conviction for Obstructing Legal Process, even a misdemeanor, creates a ripple effect that can disrupt your life for years. The collateral consequences are severe and can lock you out of opportunities you once took for granted. Life after an obstruction conviction in Minnesota is undeniably harder.
Your Criminal Record and Your Job
This conviction sends a red flag to any potential employer. They see a crime that suggests you are defiant, uncooperative, and have a problem with authority. It can make it nearly impossible to get a job in education, healthcare, security, or any field that requires a license or a position of trust. You will be forced to check “yes” on the conviction box on job applications, often leading to your resume being thrown straight in the trash.
Loss of Firearm Rights (Felony Level)
If you are convicted of Felony Obstruction, your Second Amendment rights are gone for life. Under federal and state law, you will be permanently prohibited from owning, possessing, or even being in the same house as a firearm or ammunition. This means no more hunting, no sport shooting, and no ability to own a gun for personal protection. A violation of this ban is a new felony charge with mandatory prison time.
Impact on Professional Licenses
If you hold a professional license—as a nurse, a teacher, a commercial driver, a real estate agent, or in dozens of other fields—a conviction can trigger a review by your licensing board. They may decide to suspend or even permanently revoke your license, effectively ending your career. The underlying nature of the crime—interfering with public officials—is viewed very dimly by these professional boards.
Immigration Consequences for Non-Citizens
For anyone who is not a U.S. citizen, the stakes are even higher. An obstruction conviction can be a trigger for deportation proceedings, even if you have lived in the U.S. legally for years with a green card. It can also make you “inadmissible,” meaning if you leave the country, you may not be allowed to return. It can create an insurmountable barrier to ever achieving your dream of becoming a U.S. citizen.
Why You Need a Tough, Experienced Minnesota Obstruction Attorney
When your future is on the line, you cannot afford to be passive. You need an aggressive, proactive advocate in your corner. You need a Minnesota obstruction defense attorney who will challenge every piece of the state’s evidence, stand up to the police and prosecutors, and fight for your rights with everything they have.
A Private Lawyer’s Dedication
Public defenders are dedicated lawyers, but they are often forced to handle an overwhelming number of cases. They simply may not have the time or resources to give your case the deep-dive investigation it requires. I am a private attorney, and I deliberately limit my caseload. This means I have the time to dedicate myself fully to your defense. I will personally handle every aspect of your case, from the initial investigation to the final court appearance. You are not just a file to me; you are my client, and your fight is my priority.
The Power of Immediate Action
The most crucial period in a criminal case is often the first 48 hours. When you hire me immediately, I can get to work right away. I can advise you before you make any statements, contact the prosecutor to present your side of the story before charges are even finalized, and begin preserving critical evidence like surveillance video before it’s erased. This early intervention can sometimes mean the difference between a charge being filed and the case being dropped before it ever starts.
Navigating Local Courts Across Minnesota
I have defended clients in courthouses all across the state of Minnesota. I know the local rules, the tendencies of the prosecutors, and the preferences of the judges in jurisdictions from Hennepin and Ramsey counties to St. Louis County, Olmsted County, and beyond. This firsthand experience is a significant advantage. It allows me to tailor a defense strategy that is most likely to succeed in the specific court where your case is being heard.
A Strategy Focused on Results
My only goal is to achieve the best possible result for you. For some, that means taking the case all the way to a jury trial and fighting for a “not guilty” verdict. For others, it means negotiating skillfully behind the scenes to get the charge reduced to a lesser offense or dismissed entirely through a diversion program. We will discuss your goals, analyze the strengths and weaknesses of your case, and build a strategy that gives you the best chance of putting this nightmare behind you and protecting your future.