New York Penal Law § 195.07 defines the offense of obstructing governmental administration in the first degree. This is a serious criminal offense that can carry significant consequences, including jail time and fines. Under this statute, a person is guilty of obstructing governmental administration in the first degree if they intentionally obstruct, impair, or pervert the administration of law or other governmental function by means of intimidation, physical force, or interference. The obstruction or interference must be substantial and have a significant impact on the administration of law or other governmental function.
Examples of conduct that may be considered obstruction of governmental administration in the first degree include physically preventing a law enforcement officer from performing their duties, providing false information to a government agency with the intent to interfere with their function, or using force or intimidation to prevent a government official from carrying out their duties.
ExamplesPeople v. Santos, 39 Misc.3d 1220(A) (Sup. Ct. Bronx Cty. 2013). In this case, the defendant was charged with obstructing governmental administration in the first degree after he interfered with a police officer who was attempting to make an arrest. The defendant physically resisted the officer and attempted to flee, causing the officer to suffer a minor injury. The court found the defendant guilty of obstructing governmental administration in the first degree, holding that his actions constituted a willful interference with the officer's official function.
People v. Barnes, 193 A.D.2d 1067 (4th Dep't 1993). In this case, the defendant was charged with obstructing governmental administration in the first degree after he refused to allow police officers to search his vehicle during a traffic stop. The defendant became argumentative and belligerent, threatening the officers and attempting to drive away from the scene. The court upheld the defendant's conviction, holding that his actions constituted a willful interference with the officers' official function.
People v. Richardson, 99 A.D.3d 1208 (3d Dep't 2012). In this case, the defendant was charged with obstructing governmental administration in the first degree after he interfered with a social services investigator who was attempting to interview the defendant's daughter. The defendant physically blocked the investigator from entering his home and threatened her with physical harm. The court found the defendant guilty of obstructing governmental administration in the first degree, holding that his actions constituted a willful interference with the investigator's official function.
Related OffensesObstructing governmental administration in the first degree under New York Penal Law section 195.07 is a class E felony. If convicted, the sentence for this offense can include up to 4 years in prison, probation, fines, and community service. However, the exact sentence depends on the specific circumstances of the case and the discretion of the judge.
Additionally, if the offense involves physical force or the threat of physical force against a police officer or other public servant, the sentence can be enhanced to a higher level felony with a longer prison term.
Obstructing Governmental Administration in the First Degree: New York Penal Law Section 195.07A person is guilty of obstructing governmental administration in the first degree when he commits the crime of obstructing governmental administration in the second degree by means of interfering with a telecommunications system thereby causing serious physical injury to another person. Obstructing governmental administration in the first degree is a class E felony.
Contact Stephen Bilkis & AssociatesIf you or a loved one has been charged with obstructing governmental administration in the first degree under New York Penal Law § 195.07, contact an experienced criminal attorney serving New York at Stephen Bilkis & Associates. A skilled attorney can analyze the facts of your case, develop a strong defense strategy, and work to protect your legal rights. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.