Facing Federal Obstruction of Justice & Perjury Charges in New York?

Seeking Immediate Counsel from a Federal Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Federal Obstruction of Justice Charges in New York

When it comes to the legal system, few crimes carry as much weight and consequence as perjury and obstruction of justice. Obstruction of justice presents itself when an individual acts in a way to intentionally impede or interfere with a government investigation or prosecution. These offenses not only undermine the integrity of the justice system but also jeopardize the rights and freedoms of individuals involved. In such cases, the guidance and expertise of a federal criminal defense attorney are indispensable.

Federal charges within this realm are designed to preserve the integrity of the criminal justice process. This statute applies to all phases, from an investigation, to a prosecution and trial, to a sentencing.

Commonly, this charge is seen where a person willfully and knowingly interferes with a government investigation or court proceeding. Witnesses tampering, destroying evidence, and bribing a juror can all lead to obstruction charges.

There are a number offenses that can be committed and obstruction of justice can take almost any form, including:

• Obstructing a federal process or writ server.
• Obstructing or resisting an extradition agent.
• Obstructing proceedings before departments, agencies, or committees.
• Stealing or altering court records.
• Picketing or parading with the intent to obstruct the administration of justice.
• Obstructing court orders.
• Obstructing criminal investigations.
• Tampering with witnesses, victims, or informants.
• Retaliating against a witness, victim or informant.

Codified by 18 U.S.C. § 1503, 1510, 1506, and 1509, federal obstruction charges call for serious penalties, and may allow for decades of imprisonment depending on certain applicable enhancements such as the murder of a witness or juror. Bribery and other forms of impediment similarly carry prison eligible sentences.

Federal Perjury Charges in New York

Simply stated, perjury is the crime of lying under oath. This can be a lie during a grand jury proceeding, trial, or at some other phase of litigation requiring courtroom testimony. Perjury charges are almost always insinuated by federal prosecutors when dealing with witnesses who have the potential to lie under oath in an effort to elude criminal liability or lessen their role.

In the alternative, federal agents and prosecutors frequently advise individuals that it is a crime to make a false statement to a federal official. This statute, codified by 18 U.S.C. § 1621, punishes any individual who intentionally makes a false statement to a federal prosecutor or agent. Often, these situations may arise during “proffer” sessions or during interrogations immediately following an arrest by the FBI.

Sentencing & Penalties in New York

Obstruction of justice charges can vary, and therefore so can the punishment. A federal conviction for obstruction of justice is generally punishable by fines and more significantly, up to five years in prison, yet in some situations, this can only be a starting point for federal judges.

Potential penalties for obstruction of justice vary depending on which provision of 18 U.S.C. §§ 1501-1521 applies.

• A fine and/or up to six months in federal prison (18 U.S.C. § 1504.);
• A fine and/or up to eight years in federal prison (18 U.S.C. § 1505);
• A fine and/or up to twenty years in federal prison (18 U.S.C. § 1503).

Prosecution for obstruction of justice can have a profoundly negative impact on one’s career and future employment possibilities as they often result in felony convictions. Further, according to many actors in the justice system and society at large, most of the acts supporting obstruction charges evidence a lack of personal moral integrity.

How We Fight Obstruction of Justice and Perjury Charges in New York

Federal prosecutors have taken the vague provisions pertaining to obstruction of justice with great leeway in tacking on these charges. An extremely common example is seen where an individual is accused of impeding an investigation prior to an arrest or during a prosecution. Similarly, a defendant who testifies and is later convicted may sometimes, in extreme examples, be subsequently prosecuted for perjury. 

Given the government’s legal interpretations of these statutes, it is just as important that your federal defense lawyer present novel and sound legal arguments during pre- and post- trial litigation in order to support the argument that such charges should be dismissed due to legal insufficiency. Indeed, appeals courts, by way of the Second Circuit Court of Appeals or otherwise, have drawn narrowly tailored lines when it comes to when and how perjury and obstruction of justice charges may be brought.

Your Defense Begins Now

Perjury and obstruction of justice charges are serious offenses that can have life-altering consequences. When facing these charges, the expertise and guidance of a federal criminal defense attorney are vital for a strong defense.

From providing legal advice to courtroom representation, these attorneys work tirelessly to protect their clients' rights and mount a robust defense strategy. If you or someone you know is facing charges of perjury or obstruction of justice, it is crucial to consult with a skilled federal criminal defense attorney as soon as possible to ensure the best possible outcome for the case.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome. Contact The Law Offices of Jason Goldman today.