Can You Be Charged with a Crime for Obstructing Justice in New York?

At Spodek Law Group, we understand that facing potential criminal charges for obstructing justice can be an extremely stressful and confusing situation. You may be wondering what exactly constitutes obstruction of justice, what the potential consequences are, and how to protect your rights if you're under investigation or have been charged. As experienced federal criminal defense attorneys, we're here to provide clarity on this complex area of law and offer our expertise to those dealing with obstruction of justice allegations in New York.

What Exactly is Obstruction of Justice?

Obstruction of justice refers to any action that interferes with the proper administration of law and justice. In New York, there are several state and federal laws that criminalize various forms of obstruction. Some common examples include:

• Lying to or misleading law enforcement officers during an investigation
• Destroying, altering, or concealing evidence
• Intimidating or tampering with witnesses
• Interfering with court proceedings
• Resisting arrest or interfering with police duties

The key element is that the action was taken with the intent to impede, obstruct, or influence some official proceeding or investigation. Even if the underlying case or investigation doesn't result in charges, you can still be prosecuted for obstruction if you took steps to interfere with it.It's important to note that obstruction of justice charges can be brought at both the state and federal level in New York. Federal obstruction charges tend to carry more severe penalties and are often pursued in cases involving organized crime, white collar offenses, or interference with federal agencies like the FBI.

Common Obstruction of Justice Charges in New York

There are several specific criminal charges related to obstruction of justice under New York state law: At the federal level, some of the most commonly charged obstruction offenses include:

• Obstruction of Justice (18 U.S.C. § 1503)
• Witness Tampering (18 U.S.C. § 1512)
• Destruction of Evidence (18 U.S.C. § 1519)
• Making False Statements (18 U.S.C. § 1001)
• Perjury (18 U.S.C. § 1621)

The specific charge will depend on the nature of the alleged obstructive conduct and the context of the investigation or proceeding that was interfered with.

What Are the Potential Penalties for Obstruction of Justice?

The consequences of an obstruction of justice conviction can be quite severe, especially at the federal level. Potential penalties may include:

• Substantial fines
• Probation or supervised release
• Imprisonment (up to 20 years for some federal charges)
• A permanent criminal record
• Professional consequences (loss of licenses, difficulty finding employment)

For example, the federal crime of witness tampering under 18 U.S.C. § 1512 carries a maximum sentence of 20 years in prison. Even misdemeanor obstruction charges at the state level can result in up to a year in jail.The exact sentence will depend on factors like the specific charge, the defendant's criminal history, and the impact of the obstructive conduct. Federal sentencing guidelines provide ranges based on the offense level and other factors.It's worth noting that obstruction charges are often brought alongside other substantive criminal charges. So you may be facing penalties for both the underlying crime as well as the separate obstruction offense.

How Do Prosecutors Prove Obstruction of Justice?

To secure a conviction for obstruction of justice, prosecutors generally need to prove three key elements beyond a reasonable doubt:

1. There was a pending official proceeding or investigation
2. The defendant knew about the proceeding/investigation
3. The defendant corruptly endeavored to influence, obstruct, or impede the proceeding/investigation

The "corrupt" intent element is crucial - prosecutors must show the defendant acted with an improper purpose to interfere with the administration of justice. Merely making a mistake or being uncooperative isn't enough.Common types of evidence used in obstruction cases include:

• Witness testimony
• Documentary evidence (emails, text messages, etc.)
• Audio/video recordings
• Financial records
• Computer forensics

Building a case often involves extensive investigation to piece together a timeline of events and establish the defendant's knowledge and intent.

What Are Some Potential Defenses to Obstruction Charges?

While every case is unique, there are several defense strategies that may be applicable in obstruction of justice cases:

• Lack of corrupt intent - The defendant's actions were not taken with the purpose of obstructing justice
• No nexus to official proceeding - The alleged conduct was not connected to a pending investigation or proceeding
• Constitutional violations - Evidence was obtained through illegal searches/seizures
• Insufficient evidence - The prosecution cannot prove all elements beyond reasonable doubt
• Entrapment - Law enforcement improperly induced the defendant to commit obstruction
• Statute of limitations - The charges were not brought within the required time period

In some cases, we may be able to negotiate with prosecutors to have charges reduced or dismissed, especially if the alleged obstruction was relatively minor. Early intervention by an experienced defense attorney is critical.

What Should I Do If I'm Under Investigation for Obstruction?

If you believe you're under investigation for obstruction of justice in New York, it's crucial to take the situation seriously and protect your rights. Here are some key steps we recommend:

1. Do not speak to investigators without an attorney present. Anything you say can be used against you, even if you're trying to be helpful.
2. Do not destroy any potential evidence. This could lead to additional charges.
3. Contact an experienced criminal defense attorney immediately. The sooner you have legal representation, the better we can protect your interests.
4. Preserve any relevant documents or communications. Your attorney may need these to build your defense.
5. Do not discuss the case with anyone other than your attorney. Conversations with friends/family are not privileged.
6. Be prepared for the possibility of search warrants or subpoenas. Have a plan in place for how to respond.

Remember, you have the right to remain silent and the right to an attorney. Exercise those rights and let us handle communications with law enforcement and prosecutors on your behalf.

Why Choose Spodek Law Group for Your Obstruction of Justice Defense?

When you're facing potential obstruction charges, you need a law firm with the experience, resources, and tenacity to protect your rights and fight for the best possible outcome. At Spodek Law Group, we bring decades of experience in federal criminal defense to every case we handle.Our approach combines aggressive advocacy with strategic thinking. We understand the nuances of obstruction laws and how prosecutors build these cases. This allows us to anticipate their moves and develop proactive defense strategies.Some key reasons to choose our firm:

• Extensive federal court experience - We've successfully defended clients against obstruction and related charges in federal courts throughout New York and beyond.
• Former prosecutors on staff - Our team includes former Assistant U.S. Attorneys who know how the other side thinks.
• Proven track record - We've achieved dismissals, acquittals, and favorable plea deals in numerous high-stakes criminal cases.
• Comprehensive defense strategy - We examine every angle, from challenging evidence to negotiating with prosecutors to preparing for trial if necessary.
• 24/7 availability - We know criminal investigations don't just happen during business hours. We're here when you need us.
• Discretion and confidentiality - We understand the sensitive nature of these cases and the importance of protecting your reputation.

When you work with Spodek Law Group, you're not just getting a lawyer - you're getting a dedicated team committed to defending your rights and securing the best possible resolution to your case.

Don't Face Obstruction Charges Alone - Contact Us Today

If you're under investigation or have been charged with obstruction of justice in New York, time is of the essence. The sooner you have experienced legal representation, the better we can protect your rights and build a strong defense.At Spodek Law Group, we offer free initial consultations to discuss your case and explain your options. We'll give you an honest assessment of your situation and outline potential defense strategies.Don't let obstruction allegations derail your life and future. Contact us today at 212-300-5196 to speak with one of our skilled criminal defense attorneys. Let us put our experience and dedication to work for you.Remember, an obstruction charge doesn't have to ruin your life. With the right legal team on your side, you can fight these allegations and work towards a positive resolution. Reach out now and take the first step in protecting your rights and your future.