Obstructing the Administration of Justice

The New Jersey Obstruction Law Explained

The starting point of understanding obstruction charges in NJ is the statute that outlines this law. In this regard, N.J.S.A. 2C:29-1 provides:

2C:29-1. Obstructing administration of law or other governmental function

a. 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. This section does not apply to failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

b. An offense under this section is a crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime, otherwise it is a disorderly persons offense.

Explanation of the Law

N.J.S.A. 2C:29-1 prohibits specific conduct to obstruct, impair or prevent the administration of law including: (1) flight; (2) intimidation; (3) force; (4) violence; (5) physical interference; (6) obstacle; and (7) other unlawful act. It should be noted that “words” are not included in the list of prohibited acts and that is because words alone are typically insufficient to prevent a police officer from doing his job and thereby constitute a violation under this section. See U.S. v. Myers, 700 F. Supp. 1358 (D.N.J. 1988); see also State v. Camillo, 382 N.J. Super. 113 (App. Div. 2005)(failure to provide complete personal information is not an obstructing violation). However, where words are combined with physical threats, N.J.S.A. 2C:29-1 may be charged.

It should be emphasized that there must be some affirmative act on the part of a defendant for a charge of obstruction to be proper. The suspect must engage in an affirmative act with the conscious object to obstruct, impair or pervert the administration of law or other governmental function. Absent an affirmative act of this nature, a violation of N.J.S.A. 2C:29-1 cannot be established.

The offense of obstruction is intended to supplement other Criminal Code violations involving interference with law enforcement functions and is drafted broadly to encompass a wide range of behavior to impede police. An individual may be charged with either a disorderly persons offense or fourth-degree crime for obstructing the administration of law or justice under N.J.S.A. 2C:29-1.

Elements of Offense

There are three (3) elements of proof that must be established, beyond reasonable doubt, in order to secure a conviction for obstructing the administration of law. The state must prove that the defendant:

1. committed an act of intimidation, force, violence, or physical interference, created an obstacle or committed an unlawful act;
2. the conduct was purposeful; and
3. it resulted in obstruction, impairment, or prevention of a public servant from performing his/her official functions.

It should be noted that purposeful conduct contemplates that the actor intended to interfere in some way with performance of the government function, for example, prevent law enforcement or an inspector from doing their job. The third element essentially requires that the conduct prove successful in creating an impediment to the public servant.

Defenses

There are basically four defense to an obstruction offense in New Jersey, including:

• There wasn’t any act committed by the defendant to obstruction a governmental function;
• The conduct of the accused was unintentional;
• The conduct was unsuccessful in terms of impairing a governmental function;
• The victim was not a public servant;
• The conduct (e.g. speech) was protected by the First Amendment to the US Constitution.

An attorney on our team is available to discuss all of your potential defenses in more detail.

Penalties

Obstruction is typically charged as a disorderly person offense. For example, interfering with a lawful arrest would typically result in a disorderly persons offense. However, if the obstruction relates to the detection or investigation of a crime (i.e. fourth degree, third degree, second degree or first degree crime) or the prosecution of a person for a crime, it elevates to a fourth-degree offense.

Disorderly Persons Offense. Obstructing carries a maximum fine of $1,000 and up to 6 months in jail where t is charged as a disorderly persons offense and a $500 fine and up to 30 days in jail for a petty disorderly persons offense.

Fourth Degree Crime. Fourth degree obstructing the administration of justice or law results in a maximum prison term of 18 months and a fine that can reach $10,000 fine.

The obstructing the administration of law defense lawyers at Marshall Criminal Defense  can assist you if you have been charged with this offense. An experienced criminal defense attorney at our firm can answer all of your questions and outline a plan for defending you against obstruction charges in New Jersey.

Diversion Programs

There are primarily two (2) diversion programs that can come into play when someone is facing a New Jersey criminal charge for obstructing the administration of law. If you have been charged with a disorderly persons offense for obstruction, the diversion program that can provide relief is conditional dismissal. If your offense is a fourth degree crime, which is an indictable case, it must be heard at the Superior Court and Pretrial Intervention (“PTI”) is the appropriate diversion program.

Both of these programs are extremely similar beyond the grade of criminal offense to which they apply. You will have to be someone who has never availed yourself of a diversion program previously in order to obtain admission into either of these programs. They both also require at least one (1) year of supervision but, upon successful completion, you will avoid any type of a criminal record. If you would like to learn more about either program or your eligibility, please contact a lawyer at the firm by calling 855-450-8310.

 

Contact Our Accomplished NJ Obstructing the Administration of Law Attorneys

If you require assistance because of an obstruction arrest or charge, the lawyers at Marshall Criminal Defense are available to assist you. An attorney from our New Jersey criminal defense law firm will be happy to answer your questions and to outline a plan to defend your obstruction charge. Do not hesitate to contact our law firm as initial consultations with our attorneys are free of charge. We handle obstruction cases statewide including in Atlantic County, Ocean County, Mercer County, Burlington County, Monmouth County, Middlesex County, Union County, Somerset County, Morris County, Essex County, Passaic County, Bergen County, Hudson County. Give us a call to obtain the sound legal guidance that you deserve.

Frequently Asked Questions