In New Jersey, obstruction of justice is a serious matter and can be committed in various ways. This offense deliberately undermines the legal system and prevents law enforcement from carrying out their duties properly. To learn more about this offense and the potential penalties you can face if convicted, we encourage you to continue reading and contact a knowledgeable Bergen County Criminal Defense Attorney today.
What Constitutes an Obstruction of Justice Charge in NJ?
Under New Jersey law, obstruction of justice occurs when an individual 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 using flight, intimidation, force, violence, or physical interference or obstacle, or through any independently unlawful act.
To be convicted of this offense, the prosecution must demonstrate that the accused took affirmative action to obstruct, impair, or prevent the administration of law or government function. Essentially, words are not enough. However, words combined with physical actions or threats are enough to constitute an obstruction of justice charge in the state. It’s important to note that federal law also prohibits the obstruction of justice. The term “obstruction of justice” encompasses numerous offenses such as resisting arrest, eluding arrest, hindering apprehension or prosecution, and tampering with evidence.
What Are the Potential Penalties?
Generally, obstruction of justice charges are classified as a disorderly person’s offense which is heard in municipal court. If convicted, this offense is punishable by:
- Probation
- Community service
- Restitution
- Fines of up to $1,000
- Up to 6 months in jail
Depending on the circumstances of the offense, this offense can be enhanced to a fourth-degree indictable crime, similar to a felony in other states, if an individual obstructs an official function pertaining to a crime or the investigation of a crime. This case is handled in Superior Court. If aggravating factors are present and the crime is charged as a fourth-degree offense, it can be punishable by fines of up to $10,000 and up to 18 months in prison.
As you can see, interfering with the legal system is no laughing matter. Unfortunately, many people resort to obstructing justice because they believe it is the only way to protect themselves or another person from a criminal conviction. However, taking any action in an attempt to impinge with an investigation or trial can result in signficant consequences. At The Law Office of Carl Spector, we understand what is at stake. Connect with a skilled Bergen County criminal defense attorney today to learn how we can help protect your rights and interests.
