At The Law Office of Siara Ossa, PLLC, our office regularly represents individuals charged with criminal and traffic offenses throughout Queens, Nassau, and Suffolk Counties. We take pride in carefully analyzing the facts of every case and aggressively challenging charges that are not legally supported.
Recently, our office successfully obtained the dismissal of a misdemeanor charge for Obstructing Governmental Administration in the Second Degree in the Nassau County First District Court at 99 Main Street Hempstead, New York.
This dismissal demonstrates the importance of scrutinizing the legal sufficiency of criminal charges and holding the prosecution to the requirements of New York law.
The Charges and the Court
The case arose from a traffic stop on the Southern State Parkway in North Merrick, Nassau County, where the defendant was issued several traffic tickets along with a misdemeanor charge for Obstructing Governmental Administration in the Second Degree. (Penal Law § 195.05).
Under New York law, a person is guilty of Obstructing Governmental Administration when they intentionally obstruct or interfere with a public servant performing an official function by means of intimidation, physical force, or physical interference.
Because the case included a misdemeanor charge, the matter could not simply be treated as a routine traffic case and instead proceeded through the criminal court process in Nassau County District Court.
Challenging the Charge: Motion to Dismiss for Facial Insufficiency
Our office carefully reviewed the accusatory instrument and determined that the allegations failed to establish the required legal elements of Obstructing Governmental Administration. As a result, we filed a motion to dismiss the charge on jurisdictional grounds for facial insufficiency.
In New York, a criminal information must contain non-hearsay factual allegations establishing every element of the offense charged. If the accusatory instrument fails to meet this standard, the court lacks jurisdiction to prosecute the charge.
In this case, the allegation supporting the obstruction charge was that the defendant refused to provide a license, registration, and proof of insurance during the traffic stop.
However, New York courts have repeatedly held that mere refusal to comply with an officer’s request, without physical interference, is not sufficient to constitute Obstructing Governmental Administration.
The Court’s Decision
After reviewing the motion and the applicable law, the Court agreed with the defense and held that the allegations did not establish the required element of physical interference necessary to sustain an Obstructing Governmental Administration charge.
Because the accusatory instrument failed to allege all elements of the offense, the Court granted the defense motion and dismissed the misdemeanor charge.
This result demonstrates how important it is to challenge the legal sufficiency of criminal charges and ensure that the prosecution meets its burden under New York law.
Contact a Nassau County Criminal Defense Attorney
If you or someone you know has been charged with Obstructing Governmental Administration, traffic offenses, or other criminal charges in Nassau County or Suffolk County, it is critical to speak with an experienced defense attorney.
At The Law Office of Siara Ossa, PLLC, we fight aggressively to protect our clients’ rights and pursue dismissals whenever the law supports it.
📞 Call or Text us at 347-733-5612 to schedule a consultation.
www.ossalawny.com
siara@ossalawny.com
Prior results do not guarantee a similar outcome. Each case is unique and results depend on the specific facts and legal circumstances involved.