Legal Question in Criminal Law in New York

Obstruction of Governmental Authority

Recently, after a confrentation with a bs driveer, my roommate was arrested and placed in the back of the squad car. Worried about her, and wanting to immediately take a cab to the police station, I opened the back door in order to get her purse (she had both of our wallets in her purse). I was unaware that the officer had already taken her purse. I was immediately arrested now I've been charged with Obstruction of Governmental Authority. I would like to know if there is actually a case against me and what type of punishment this charge could entail. Is there anyway that this could not show up on my permanent record? I have never been in trouble with the law before and since I'm graduating from college in May, a conviction could be desastrous to my career. Thank you very much


Asked on 7/24/02, 4:01 pm

2 Answers from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Obstruction of Governmental Authority

The Police Officers involved were obviously in a bad mood that day. They usually don't charge that offense by itself. It's often attached to a resisting arrest charge. An "OGA," as it's often referred to, is a class A misdemeanor. The outcome depends on numerous factors: your criminal history, the jurisdiction where this occurred and the good will of the prosecutor handling the matter. Feel free to call if you'd like to discuss this further.

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Answered on 7/24/02, 4:27 pm
James Kats James S. Kats, Esq.

Re: Obstruction of Governmental Authority

There are two (2) degrees of the crime you are charged with; one is a misdemeanor and the other is a class E felony. The facts you have given appear to be the lower degree. A Misdemeanor is a crime, however, and a conviction would result in a permanent criminal record against you. Depending on the prosecutor AND the police "posture" in this case and the case against your roommate, you may need legal representation to extricate yourself without any criminal record. You should be able to find out at your first court appearance whether they intend to pursue the case against you and decide if you need a lawyer. If you need more info or advice, you can contact me at 347.451.7318 or [email protected].

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Answered on 7/24/02, 10:50 pm


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