Section 244 of the Penal Law provides that a person who does something with the intent to prevent or obstruct a judicial proceeding, or to bring about a miscarriage of justice, is liable to up to 3 years of imprisonment.
What is the offense of obstruction?
Section 244 of the Penal Law provides that a person who does something with the intent to prevent or obstruct a judicial proceeding, or to bring about a miscarriage of justice, is liable to up to 3 years of imprisonment. A "judicial proceeding" also includes a criminal investigation, so the offense applies from the initial investigation stage through the end of the trial. Common examples include: destruction of evidence, concealment of documents, deletion of correspondence, coordination of versions between those involved, and smuggling property.
Related offenses
Alongside general obstruction, there are more serious specific offenses: inducing in an investigation under Section 245, causing a person to give a false statement or refrain from giving a statement, which is punishable by up to 5 years of imprisonment in circumstances of threat or enticement; inducing in testimony under Section 246; and witness harassment under Section 249. The common denominator: harm to the justice system's ability to get to the truth.
The danger most suspects are unaware of
The offense of obstruction often arises precisely out of panic: a suspect who deletes correspondence, asks a friend to "coordinate a version," or hides an object, adds a new charge to his case, which is sometimes more serious than the original offense under investigation. The courts are especially stringent in obstruction offenses, since they harm the core of the criminal process. The rule: do not do anything with the evidentiary material, and do not make contact with other involved parties, before consulting a lawyer.
Legal representation in obstruction cases
Israel Arama, formerly of the Tel Aviv District Attorney's Office, represents suspects and defendants in obstruction and inducement offenses, usually as part of a broader main case. Proper management of conduct at the investigation stage is what prevents the additional charge from arising in the first place. Contact us for an initial consultation without obligation.
What is the offense of obstruction?
Section 244 of the Penal Law provides that a person who does something with the intent to prevent or obstruct a judicial proceeding, or to bring about a miscarriage of justice, is liable to up to 3 years of imprisonment. A "judicial proceeding" also includes a criminal investigation, so the offense applies from the initial investigation stage through the end of the trial. Common examples include: destruction of evidence, concealment of documents, deletion of correspondence, coordination of versions between those involved, and smuggling property.
Related offenses — what is important to know?
Alongside general obstruction, there are more serious specific offenses: inducing in an investigation under Section 245, causing a person to give a false statement or refrain from giving a statement, which is punishable by up to 5 years of imprisonment in circumstances of threat or enticement; inducing in testimony under Section 246; and witness harassment under Section 249. The common denominator: harm to the justice system's ability to get to the truth.
The danger most suspects are unaware of — what is important to know?
The offense of obstruction often arises precisely out of panic: a suspect who deletes correspondence, asks a friend to "coordinate a version," or hides an object, adds a new charge to his case, which is sometimes more serious than the original offense under investigation. The courts are especially stringent in obstruction offenses, since they harm the core of the criminal process. The rule: do not do anything with the evidentiary material, and do not make contact with other involved parties, before consulting a lawyer.
This information is for initial orientation about the service and contact process. It is not individual legal advice.
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