New York Penal Law § 195.08: Obstructing Governmental Administration by Means of a Self-Defense Spray Device

New York Penal Law § 195.08 criminalizes the act of obstructing governmental administration by means of a self-defense spray device. This law makes it illegal to use or threaten to use a self-defense spray device with the intent to obstruct, impair, or hinder the performance of a public servant's duties. Self-defense spray devices, also known as pepper spray or mace, are commonly used by individuals for personal protection. However, if these devices are used in a manner that obstructs or impairs a public servant's ability to perform their duties, it can result in criminal charges under New York Penal Law § 195.08.

The law applies to situations where the use of a self-defense spray device interferes with a public servant's ability to perform their duties, including law enforcement officers, emergency medical personnel, and other government officials. This may include using the device to prevent a public servant from making an arrest or performing a rescue operation.

Individuals who are charged with obstructing governmental administration by means of a self-defense spray device can face criminal penalties, including fines and potential imprisonment. It is important to seek legal representation from an experienced New York criminal lawyer to help navigate the legal process and work to protect legal rights.

People v. Allen, 191 A.D.2d 228 (1st Dep't 1993). In this case, the defendant, Mr. Allen, was charged with obstructing governmental administration after he used a can of self-defense spray to fend off police officers who were attempting to arrest him.

The court in People v. Allen held that the use of a self-defense spray device to resist arrest constituted a violation of § 195.08. The court noted that the purpose of the statute was to prevent individuals from obstructing the lawful duties of police officers, and that the use of a self-defense spray device could obstruct such duties.

The court also rejected Mr. Allen's argument that his use of the spray device was justified as an act of self-defense. The court noted that self-defense was not a defense to the charge of obstructing governmental administration, and that the use of force against a police officer in the performance of their duties was generally unlawful.

In this case, the defendant was charged with obstructing governmental administration by means of a self-defense spray device after she sprayed a New York City transit police officer who was attempting to issue her a summons for fare evasion. The defendant argued that she had used the spray in self-defense, but the court rejected this argument and found her guilty of obstructing governmental administration in the second degree. The court held that the defendant's use of the spray constituted a physical interference with the officer's official duties.

1. Obstructing governmental administration in the second degree. New York Penal Law section 195.05
2. Obstructing governmental administration in the first degree. New York Penal Law section 195.07
3. Obstructing firefighting operations. New York Penal Law section 195.15
4. Obstructing emergency medical services. New York Penal Law section 195.16
5. Obstruction of governmental duties by means of a bomb, destructive device, explosive, or hazardous substance. New York Penal Law section 195.17

Obstructing governmental administration by means of a self-defense spray device under New York Penal Law section 195.08 is a class D felony. If convicted of this offense, the sentence can include up to 7 years in prison, probation, fines, and community service. However, the exact sentence can vary depending on the circumstances of the case and the discretion of the judge.

A person is guilty of obstructing governmental administration by means of a self-defense spray device when, with the intent to prevent a police officer or peace officer from performing a lawful duty, he causes temporary physical impairment to a police officer or peace officer by intentionally discharging a self-defense spray device, as defined in paragraph fourteen of subdivision a of section 265.20 of this chapter, thereby causing such temporary physical impairment. Obstructing governmental administration by means of a self-defense spray device is a class D felony.

If you have been charged with obstructing governmental administration by means of a self-defense spray device under New York Penal Law § 195.08, it is crucial to hire a skilled criminal attorney who serves New York. Such an attorney can provide you with a robust defense strategy and help you navigate the complex legal system. With their knowledge and expertise, they can protect your rights, advocate on your behalf, and work to achieve the best possible outcome in your case. Given the severity of the charges, it is essential to take swift action and enlist the services of an experienced criminal attorney to ensure your legal rights are protected. Contact Stephen Bilkis & Associates 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.