Could You Face Felony Charges for Obstruction of Justice in New Jersey?

In New Jersey, being investigated or charged with obstruction of justice carries significant legal consequences, potentially including felony charges. Often misunderstood, this offense covers a wide range of actions that can impede the legal process. This guide provides a comprehensive overview of obstruction of justice, its prosecution in New Jersey, and actionable steps for those involved.

What is Obstruction of Justice?

Obstruction of justice includes a variety of actions intended to interfere with the enforcement and administration of the law. These actions can include:

• Destroying, altering, or concealing evidence
• Influencing or intimidating witnesses
• Endangering the safety of an officer, witness, or juror
• Misleading or giving false information to law enforcement officials
• Denying police entry to a building despite the presence of a valid warrant
• Any other act that impedes the investigation or prosecution of a criminal case

The overarching goal of these laws is to ensure that justice is administered without interference, maintaining the integrity and effectiveness of the judicial system.

New Jersey’s Legal Framework on Obstruction of Justice

Under New Jersey law, specifically N.J.S.A. 2C:29-1, obstruction is legally defined as purposefully obstructing, impairing, or perverting the administration of law or other governmental function. This can be achieved through:

• Intimidation, force, or violence
• Physical interference or any substantial obstacle
• Conducting any independently unlawful act with the intent to obstruct justice

This statute emphasizes the requirement of intent, meaning the prosecution must prove that the defendant acted with the purpose of obstructing justice.

Penalties for Obstruction of Justice in NJ

The consequences of an obstruction of justice charge varies significantly based on the nature and specifics of the offense. This charge can range from a disorderly persons offense to various degrees of a felony, known in New Jersey as indictable offenses.

Disorderly Persons Offense

• Penalties: Potential jail time of up to 6 months and fines up to $1,000.
• Applicable Circumstances: Applied when the obstructive actions are less severe and do not involve violent or threatening behavior.

Felony Charges (Indictable Offenses)

• Fourth Degree: Carries up to 18 months in prison and up to $10,000 in fines.
• Third Degree: Includes a prison term of 3 to 5 years and up to $15,000 in fines.
• Second Degree: Between 5 to 10 years in prison and the most significant fines.
• Applicable Circumstances: These charges are imposed when obstruction involves more serious actions like force, threats, or other significant interference.

Defenses Against Charges of Obstruction of Justice

Defending against an obstruction of justice charge in New Jersey requires a robust strategy, often involving several potential defenses:

• Lack of Intent: Demonstrating that there was no purposeful intention to obstruct justice.
• Mistake of Fact: Showing that the accused was operating under a misunderstanding that led to the perceived obstructive action.
• Unlawful Arrest: Challenging the legality of the initial arrest, which could invalidate subsequent charges of obstruction.
• Exercise of Constitutional Rights: Asserting that the actions of the accused were a legitimate exercise of rights, such as the freedom of speech.

Navigating the Legal Process: Steps to Take if Charged with Obstruction of Justice

If you find yourself facing charges of obstruction of justice, it’s crucial to take immediate and informed steps:

• Remain Silent: Exercise your right to remain silent, as anything you say can be used against you in court.
• Seek Legal Representation: Contact a criminal defense attorney experienced in handling similar cases as soon as possible.
• Preserve Evidence: Maintain any relevant evidence and document all interactions with law enforcement.
• Comply with Legal Obligations: Ensure you attend all required court appearances and adhere to any conditions set by the court.

The Importance of Experienced Legal Representation

The complexities and potential consequences of obstruction of justice charges make having experienced legal counsel vital. The attorneys at Zegas Law specialize in criminal defense, particularly in cases involving serious charges like obstruction of justice. They understand the nuances of New Jersey law and are committed to providing strategic, personalized legal advocacy to navigate these challenging legal issues effectively.

Contact Zegas Law Today to Discuss Your Criminal Defense

Choosing to work with Zegas Law means engaging a team that prioritizes a thorough, proactive approach to legal defense. From the initial consultation to developing a tailored strategy, each step is designed to comprehensively address the specifics of your case and mitigate the potential impact of the charges.

Obstruction of justice carries serious penalties in New Jersey, making it essential for those involved to seek knowledgeable and experienced legal representation. Understanding the charges, possible penalties, and available defenses can significantly influence the course of a case. If you or someone you know is facing such charges, reach out to us today for legal guidance and support.