It is possible that when you hear the phrase “obstruction of justice,” you picture a carefully planned plot to hide a crime. In fact, this kind of misbehavior can be as simple as lying to the police, getting someone else to tell a falsehood on your behalf through threats, coercion, or bribery, or doing anything else that makes it difficult for the government to conduct an investigation. Make sure you click here so that you receive the adequate and best help to fight your criminal law case in New York. It is crucial that you seek help because this is a severe offense.
In spite of the fact that obstructing the administration of justice is a federal offense, similar offenses that go by different names are frequently also prosecutable as state offenses. In New York, “obstruction of governmental administration” is a crime classified as a Class A misdemeanor. In addition, there are laws that address obstructing a criminal investigation, including those that address witness tampering.
If refusing to answer a question from the police could lead to their incrimination, Americans have a constitutional right to do so. Other privileges that allow some people the right to withhold confidential communications include marital, attorney-client, therapeutic, and religious ones. You may be charged with a crime if you choose to answer questions (verbally or in writing) and knowingly provide officers, investigators, or prosecutors with false information.
Penal Code, Section 195.05 of the New York Consolidated Laws a second-degree offense of obstructing governmental operations
The law has a defined definition for the offense. “A person intentionally obstructs, impairs, or perverts the administration of law or another governmental function or prevents or attempts to prevent a public servant from performing an official function through intimidation, physical force, or interference or by engaging in any other independently unlawful act, or by interfering with radio, telephone, television, or any other form of media, whether or not physical force is involved.”
Governmental administration obstruction is a class A misdemeanor.
As was mentioned, interfering with witnesses is frequently charged as obstruction of justice. They might also entail altering, concealing, or erasing evidence. This crime can be as simple as editing or shredding documents, putting something in the trash, or wiping off an Internet search history.
It is always advisable to get legal advice if you are under investigation for committing a crime or if someone asks you for information regarding a crime. This can assist you in defending your rights and preventing the escalation of any legal difficulties you may already be experiencing.
