Criminal Defense Lawyers

New Jersey Section 2C:29-1 – Obstructing administration of law or other governmental function

New Jersey’s law against obstructing administration of law or other governmental function is found in Section 2C:29-1 of the New Jersey Code of Criminal Justice. This law makes it illegal to purposefully interfere with police officers, government officials, or other public servants who are lawfully carrying out their duties.

What Does the Law Say?

The exact text of 2C:29-1 states that “A person commits an offense if he purposely obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from lawfully performing an official function by means of flight, intimidation, force, violence, or physical interference or obstacle, or by means of any independently unlawful act.”In plain English, this means you can’t interfere with cops, firefighters, EMTs, or any other government workers who are just trying to do their jobs. Examples of obstruction include:

• Running away or resisting arrest
• Threatening or assaulting an officer
• Physically blocking an officer from making an arrest
• Destroying evidence
• Making false statements or lying during an investigation

Penalties for Obstruction

How serious the charges are depends on what exactly you did to obstruct the officer.Simple obstruction with no other crimes is a disorderly persons offense. This can lead to up to 6 months in jail and $1000 in fines.But if you obstructed an investigation into a serious crime like murder, robbery, or sexual assault, it becomes a 4th degree felony. Now you’re looking at up to 18 months in prison and $10,000 in fines.Other charges like assaulting an officer or resisting arrest can make the situation even worse.

When Can I Be Charged With Obstruction?

You don’t actually have to prevent the officer from doing his or her job to be charged with obstruction. Just attempting or intending to obstruct is enough.Some common examples of obstruction charges include:

• Lying about your name or other info during an investigation
• Hiding or destroying potential evidence
• Helping someone escape arrest or prosecution
• Physically interfering with an arrest, even if unsuccessful
• Refusing to follow lawful orders from police

Simply running away from police or resisting arrest is obstruction, even if you aren’t ultimately caught.

What’s the Difference Between Obstruction and Other Crimes?

Obstruction charges often come alongside other related offenses like:

• Resisting Arrest – Physically struggling against being detained or arrested.
• Assaulting an Officer – Threatening or attacking an officer with violence.
• Hindering Apprehension – Helping someone avoid arrest or prosecution.
• Tampering with Evidence – Hiding, destroying, or altering evidence in an investigation.

While these crimes may happen at the same time, they each have additional legal elements that must be proven. Prosecutors often stack multiple charges to get the longest sentence.An experienced criminal defense lawyer can look at the specifics of your case and build the best defense strategy against obstruction and related charges.

Real World Examples of Obstruction Charges

To understand obstruction better, let’s look at some real world examples of how these charges are applied:

• Mark refused to stop when police tried to pull him over for speeding. He led officers on a high-speed chase before finally stopping. He was charged with obstruction for fleeing police.
• James was arrested for drunk and disorderly conduct outside a bar. At the police station, he gave a fake name and birthday to the booking officer. He was charged with obstruction on top of the original charges.
• Amanda saw police arresting her boyfriend after a fight. She ran up and tried to pull the officers away so her boyfriend could escape. She was charged with obstruction and resisting arrest.
• Thomas destroyed text messages and hid his cellphone when he learned police were investigating him for drug dealing. He was charged with obstruction and tampering with evidence.
• Sarah lied and told police she wasn’t home when they came to her house with a search warrant. She was charged with obstruction for impeding their investigation.

Defenses Against Obstruction Charges

Fighting obstruction charges starts with understanding your rights during police encounters. Common defenses include:

• You didn’t actually interfere – If your actions didn’t actually impede officers, the charges may be dismissed.
• The officer was acting unlawfully – You can’t obstruct unlawful conduct. If the officer exceeded their authority, the charges won’t stick.
• You were exercising your rights – Refusing unlawful orders or asserting rights like free speech doesn’t constitute obstruction.
• There’s no evidence – Without solid proof you obstructed police, the charges can often be beat.
• You didn’t have criminal intent – Obstruction requires you to purposely interfere with police. If intent can’t be proven, you should be found not guilty.

An experienced criminal lawyer can evaluate the details of your case and build the strongest argument against obstruction charges. Don’t take chances – get a free consultation today.

What Should I Do If Charged With Obstruction?

If you’re facing obstruction or other charges related to a police encounter, here are some tips:

• Remain silent and ask for a lawyer immediately. Anything you say can be used against you.
• Be polite and compliant, even if you disagree with the officers. Don’t resist or be confrontational.
• Get the officers’ badge numbers and note all details. This information will help your lawyer.
• Seek medical attention if injured during the encounter and document your injuries.
• Hire an experienced criminal defense attorney to protect your rights.
• Follow your lawyer’s advice about making statements, accepting plea deals, going to trial, and more. They know how to beat the charges.

The Bottom Line on Obstruction

Obstructing administration of law or government functions is a serious charge in New Jersey. Simple obstruction is a misdemeanor, but can become a felony if it involves investigating serious crimes.Never attempt to interfere with police, even if you disagree with their actions. You must comply with officers’ lawful orders. If you feel police acted improperly, sort it out in court later with the help of a lawyer.If charged with obstruction, remain silent, be compliant, get medical help if needed, and hire an experienced criminal defense attorney right away. An attorney can often get charges reduced or dismissed.Don’t try to talk your way out of obstruction charges. Anything you say can be used against you. Let an expert build your defense against these complex criminal accusations.