NOTE: Labels in bold are required.
New Jersey Obstruction Offenses
Defending Obstruction Charges in New Jersey
Obstruction Defense Attorney
The criminal offense known as Obstructing the Administration of Law or more commonly referred to as Obstruction is one of several offenses that may be charged when a person interferes with police in New Jersey. Interference with Police is a common term that encompasses several different offenses including Resisting Arrest, Eluding Arrest, Hindering Apprehension or Prosecution, Impersonating an Officer, Compounding, and Tampering. If you have been charged with an offense involving Interference with Police, contact me, Anthony N. Palumbo at 1-866-664-8118 for a free initial consultation. I am a partner at Palumbo & Renaud, and not only have I been defending individuals accused of Interference with Police for over 35 years, but I am also a former prosecutor and current public defender. My experience on both sides of the law has helped me obtain thousands of dismissals and downgraded charges for my clients. Our firm defends individuals throughout New Jersey including Monmouth County, Middlesex County, Essex County, Ocean County, Union County, Hudson County and Bergen County.
I also defend charges of:
- Eluding the Police
- Resisting Arrest
- Leaving the Scene
- Hindering
- Tampering
- Impersonating an Officer
New Jersey Obstructing Law
The entire text of the law for Obstructing the Administration of Law can be found in the New Jersey Criminal Code under N.J.S.A. 2C:29-1.
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.
Understanding the Law
There are several important points about the law above that should be noted.
- Affirmative Action: In order for a person to be guilty of Obstruction, that person must commit an affirmative act with the intent to obstruct the government. If an affirmative act cannot be proved, a conviction cannot be rightfully obtained. An experienced attorney may choose to defend your case on grounds that you did not commit an affirmative act, and thereby cannot be convicted of Obstruction.
- Words: Words alone are not enough to constitute obstruction. For example, in State v. Camillo, 382 N.J. Super. 113 (App. Div. 2005), the New Jersey Court held that a failure to provide full personal information is not enough for a charge. However, when words are combined with physical threats that is enough for a charge.
Penalties if Convicted
Generally, Obstruction is a Disorderly Person's Offense. However, an offense may be upgraded to a 4th Degree Crime if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime.
Disorderly Person's Offense
- Up to 6 months in Prison
4th Degree Crime
- Up to 18 months in prison
If you've been charged with Obstruction or any other crime involving Interference with Police, contact me, Anthony N. Palumbo at 1-866-664-8118 for a free initial consultation. I will aggressively defend your rights and make sure you receive the best possible outcome given the circumstances of your case. Let my 35 years of experience as a criminal defense attorney fight for you.
I also defend individuals throughout the state of New Jersey including Union County, Middlesex County, Essex County, Somerset County and Monmouth County against the following charges:
