Obstruction of Government
In New York State, there are sections of the penal code that deal with when a person attempts to prevent a type of governmental function. This offense can be charged in two different degrees with the lower level of the offense being a class A misdemeanor and the higher is a class E felony. Regardless of the level of the offense, significant fines and sentencing can occur if convicted of the offense so it is important that you have an attorney you can trust by your side representing you in court. Our experienced team of New York criminal attorneys are here to help. Call now for a free consultation.
When a person intentionally perverts, obstructs or impairs the administration of the law or other governmental function or acts in such a way that prevents a public servant from performing an official function, the charge of obstructing governmental administration would apply. If the actions used in the prevention are by means of interference, physical force or intimidation or interference by means of telephone, radio, television or any other telecommunications system that is operated or owned by the village, town, city, county, state or emergency medical services, this offense would also apply. Additionally, if a person releases a dangerous animal under circumstances that show the person’s intent that the animal obstructs the governmental administration. The lower level of the offense that applies to the situations above is the class A misdemeanor charge.
If a person acts in such a way that interferes with a telecommunication system and the interference results in a serious physical injury to another person, the higher level of the offense would apply. As a class E felony, if convicted a person can be ordered to spend time behind bars and the felony conviction can lead to further issues later down the road. Felony convictions can result in losses of rights afforded to citizens and can especially cause issues if the person convicted has any interest in obtaining a permit to possess firearms.
If a person uses a self-defense spray in the act of obstructing governmental administration, the offense would now become a class D felony. This higher offense would apply when a person intentionally discharges a self-defense spray device with the intent to prevent a police or peace office from performing their lawful duty. A self-defense spray is defined as a pocket-sized spray device that releases a chemical or organic substance that is intended to produce temporary physical disability or discomfort. This would be a substance like pepper spray or tear gas.
Regardless of the level of the offense that you have been charged with and the severity of the sentencing guidelines, our experienced team of New York criminal attorneys can help handle the charges. We can help you navigate the complex court proceedings as well as attempt to successfully negotiate on your behalf with the court. With many years of experience handling criminal charges all across New York State, our team can help you like we’ve helped hundreds of our previous clients.