Obstruction of justice is a serious offense in the Garden State, broadly defined by various actions intended to hinder or impair governmental proceedings. Please continue reading as we explore the penalties you can face for this crime and how a dedicated Bergen County Criminal Defense Attorney can fight for you.
What Does It Mean to Obstruct Justice?
In New Jersey, obstruction of justice is a legal term that refers to when someone intentionally interferes with the lawful performance of official duties by a public servant. The core principle of this crime lies in intentionally interfering with the administration of law or the performance of a government function by means of flight, intimidation, force, violence, physical interference, obstacle, or an independently unlawful act. Examples of obstruction include:
- Running from the police (eluding or flight)
- Threatening, coercing, or attempting to persuade an officer or witness (intimidation)
- Lying or providing misleading information during a legal proceeding (hindering apprehension or prosecution)
- Physically resisting arrest
- Attempting to sway a juror’s decision
- False testimony
- Blocking an officer’s path or concealing evidence (tampering with evidence)
In order to secure a conviction, the prosecutor must show that the defendant acted in an affirmative manner. Verbal arguments or words on their own are not enough to convict someone, unless they are in conjunction with physical actions, threats, or deceptive physical actions.
What Are the Penalties?
Depending on the nature of the interference, obstruction of justice can be charged as either a disorderly persons offense or a fourth-degree crime. The prosecution is burdened with proving that a defendant acted with the conscious objective to obstruct, impair, or pervert the administration of a government function.
Obstruction of justice is covered by both federal and state statutes, meaning it can result in significant penalties. A disorderly persons offense is typically heard in municipal court and typically carries a penalty of up to six months in jail and a fine of up to $1,000, alongside potential sentencing structures like probation, community service, or restitution. If the crime was intended to hinder the investigation or prosecution of a crime, it may be charged as a fourth-degree indictable crime (similar to a felony in other jurisdictions) and handled in the Superior Court. A fourth-degree crime can lead to 18 months in state prison and a fine of up to $10,000. A conviction can also result in a permanent criminal record.
What Defenses Are Available?
If you have been charged with obstruction of justice, it’s important to consult with a legal professional who can help you formulate a robust defense strategy. The prosecution is tasked with proving that the defendant acted with the intent to obstruct justice. If the defendant can demonstrate that they did not interfere with a legal process, it can be a valid defense.
In some cases, you may be able to raise entrapment. If you were induced by law enforcement to commit a crime that you would not have otherwise committed, this can be a strong defense. Similarly, you can argue that you were forced to obstruct justice due to threats of harm. However, the threat must be imminent.
Contact a Bergen County Criminal Defense Attorney Today
When there is uncertainty about who committed the obstruction, a defense could be mistaken identity. You would need to provide substantial evidence, such as alibi witnesses, surveillance footage, or other evidence that can support this defense. For more information and skilled representation across Hackensack, Paramus, Teaneck, and throughout Bergen County, please don’t hesitate to contact an attorney from The Law Office of Carl Spector today. When you need legal representation, our firm is here to help. Contact us today to learn how we can fight for you.