A Skilled Attorney Is Ready To Put Our Firm's Extensive Experience Into Action To Achieve The Very Best Outcome In Your Obstructing Case in Atlantic City, Hamilton, Galloway, Pleasantville, Ventnor, Margate, Somers Point or Other Local Atlantic County Municipality
The offense of obstructing the administration of law is commonplace for our Atlantic County criminal firm. The charge arises in just about every local municipality from time to time so it is logical that it would be confronted by our attorneys frequently as members of one of the largest defense teams in the state. Whether you were arrested and charged in Hamilton, Atlantic City, Margate, Galloway, Ventnor or another area town, the lawyers in our office have the tools to ensure you get the outcome you desire. Contact our Mays Landing office anytime of day or night at (609) 616-0020 to discuss your case with an attorney. There is no reason to hesitate in obtaining sound advice as initial consultations with a lawyer are free.
The Law Offices of Jonathan F. Marshall defends obstructing the administration of law or justice charges throughout Atlantic County, including Galloway, Pleasantville, Hamilton, Atlantic City, Margate, Hammonton, Egg Harbor, Somers Point and elsewhere in Atlantic County.
What You Need To Know If You Have Been Charged With Obstructing
Obstructing the administration of law is set forth at N.J.S.A. 2C:29-1. This statute is to make it illegal to engage in conduct that “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.” It is of crucial importance that you keep in mind that 2C:29-1 is only violated in Atlantic City or another locale if the actor’s conduct is purposeful. What this means is that the prosecutor must prove that you had a conscious object to prevent or obstruct an arrest or investigation.
There are basically three elements of this offense that must be established beyond reasonable doubt for you to be convicted of obstruction. The first requirement is that you obstructed, impaired or perverted the administration of law or acted to prevent a public servant such as a police officer from performing his/her official functions. The second element that must be demonstrated is that the defendant possessed a purpose to obstruct or prevent. Third, there must have been conduct that involved intimidation, force, violence, physical interference or some other independently unlawful act. An “independently unlawful” act for these purposes means illegal conduct of some kind such as, for example, impersonating another person.
Most obstructing the administration of law charges are a disorderly persons offense and therefore fall within municipal court jurisdiction. If you are facing an obstruction charge in Atlantic City, Ventnor, Margate, Galloway, Egg Harbor or another local municipal court, the judge can impose a sentence that includes up to 6 months in the Atlantic County Jail, a $1,000 fine, probation, community service, counseling and even suspend your driver’s license.
You can also be prosecuted for obstructing as a fourth degree crime if your conduct involved obstructing an arrest or investigation for an indictable crime (i.e. first degree, second degree, third degree or fourth degree crime). Fourth degree obstructing the administration of law must be heard at the Atlantic County Superior Court which is located Mays Landing. The penalties you face if convicted for a crime of the fourth degree include up to 18 months in prison and a fine that can reach $10,000.
Two programs allow someone accused of obstructing in Pleasantville, Absecon, Hammonton, Brigantine or Northfield to avoid prosecution. The first program is Conditional Dismissal and the second is Pretrial Intervention (“PTI”). Both of these diversion programs require completion of a period of probation and are reserved to first time offenders.
Atlantic City Obstructing the Administration of Law Attorney
Atlantic City is certainly the busiest municipality in the county in terms of obstructing the administration of law charges. Infractions at casinos and other attractions are particularly common. Our lawyers also deal with quite a number of resisting arrest, disorderly conduct, underage gambling and other disorderly persons offenses in the city annually. If you were arrested in Atlantic City or another local town like Egg Harbor City, Linwood or Mullica, an attorney at the Law Offices of Jonathan F. Marshall has the know-how to mount a competent defense so that you avoid a criminal record. Call (609) 616-0020 to discuss your obstructing offense with a lawyer on our staff. Attorneys are available for free consultations 24/7 so give us a call at your convenience.
