Obstructing Administration of Law in New Jersey

N.J.S.A. 2C:29-1 · Offenses Against Public Administration

What the law says

A person commits an offense by purposely obstructing, impairing, or perverting the administration of law or another governmental function. The offense also covers purposely preventing or attempting to prevent a public servant from lawfully performing an official function by the means specified in the statute.

Depending on how it's graded, this offense is either an indictable crime, prosecuted in the Superior Court in the county where it happened, or a disorderly persons offense heard in municipal court. Indictable charges go through grand jury review. Prosecutors sometimes downgrade them to municipal court.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:29-1, that means:

• The person acts purposely.
• The person obstructs, impairs, or perverts the administration of law or another governmental function; or prevents or attempts to prevent a public servant from lawfully performing an official function.
• The conduct is accomplished by flight, intimidation, force, violence, physical interference or an obstacle, or an independently unlawful act.

How the charge is graded

• A crime of the fourth degree if the actor obstructs the detection or investigation of a crime or the prosecution of a person for a crime.
• Otherwise, a disorderly persons offense.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• The section does not apply to failure to perform a legal duty other than an official duty.
• The section does not apply to any other means of avoiding compliance with law without affirmative interference with governmental functions.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging whether the conduct meets the statute's specific elements
• Bodycam and dashcam video review of the police encounter
• Lack of purpose or knowledge
• Negotiating downgrades to municipal court where appropriate

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Obstructing Administration of Law charge.

Related charges

• Bribery →
• Official Misconduct →
• Perjury →
• False Reports to Law Enforcement →
• Witness Tampering →
• Tampering with Physical Evidence →
• Resisting Arrest →
• Eluding a Police Officer →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.