Obstructing Governmental Administration

Published on: June 1, 2020

Defending against common state court charges for protesters

Recently, in response to the horrific killing of George Floyd at the hands of Minneapolis police officers, there have been protests in major cities across the United States. An upstate woman and two New York attorneys were arrested and charged in federal court with crimes relating to their alleged throwing of Molotov cocktails at police vehicles during the protests in Brooklyn. However, most protestors arrested in New York City are charged with Desk Appearance Tickets in state court, and are typically charged with some combination of the following crimes: Obstructing Governmental Administration in the Second Degree (Penal Law 195.05, a Class A misdemeanor), Assault in the Second Degree (Penal Law 120.05, felony assault on a police officer, a class D felony), Reckless Endangerment in the Second Degree (Penal Law 120.20, a Class A misdemeanor), Resisting Arrest (Penal Law 205.30, a class A misdemeanor), or Disorderly Conduct (Penal Law 240.20, a violation). (Note: the charge(s) listed on the Desk Appearance Ticket are not necessarily the same as the charges that will appear in court on the actual criminal complaint – in fact, the number of charges usually increases from the Desk Appearance Ticket to the actual court complaint).

Oftentimes, in these cases in which no one was injured, a protester-defendant could – with the help of an experienced attorney – successfully negotiate a plea bargain whereby the protester will have no criminal record and spend no time in jail (such as an “adjournment in contemplation of dismissal or a violation like Disorderly Conduct). In cases involving Desk Appearance Tickets, such negotiations may even be possible prior to the return date (i.e. the first court appearance). However, for reasons relating to principle, many protester-defendants refuse to accept any such deal, preferring to demand dismissal or a trial where their voices can be heard by a jury. Such an attitude is certainly understandable but it does tend to increase the risk of a negative result (such as a permanent criminal record).

Unfortunately, some protests escalate into confrontations with police officers. In those cases, charges like Assault in the Second Degree can sometimes be levied against arrested protesters alleged to have injured police officers. That charge is a serious felony that can carry real jail time, and should not be treated lightly at all. The best defense in these cases is often to argue that the defendant did not act unreasonably, and that any injuries to the police officer were sustained on account of his/her own aggressive or improper actions. In today’s current climate, that argument can have real traction with some jurors.

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Published on: June 1, 2020

Federal criminal charges relating to the recent protests

By Matthew J. Galluzzo

In response to the shocking video of the apparent murder of George Floyd at the hands of Minneapolis police officers, people across the country have protested against police brutality and racism. Most of the protesters have been peaceful and well-intentioned, though some have unfortunately used the occasion as an opportunity for violence and looting. Recently, three people were notably arrested and charged in federal court in Brooklyn (the Eastern District of New York) for federal crimes relating to the use of explosive Molotov cocktails against NYPD vehicles. Samantha Shader, a woman from upstate New York, was arraigned on Monday and charged with Causing Damage by Fire in violation of 18 U.S.C. § 844(i). Astonishingly, two New York attorneys – Colinford Mattis and Urooj Rahman – have also been arrested for similar conduct and are presently awaiting their arraignment in federal court on presumably the same charge. It’s an unusual charge to see in federal court, but also an extremely serious one.

18 U.S.C. § 844(i) makes it a federal crime punishable between 5 and 20 years to “[m]aliciously damage[] or destroy[], or attempt to damage or destroy, by means of fire or an explosive, any building, vehicle, or other real or personal property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce.” (The penalties are higher when public safety officers sustain injuries).

According to the complaint (as well as video footage available on the Internet) – Ms. Shader allegedly threw a Molotov cocktail (a bottle of flammable beer containing a burning rag or cloth) through the window of a police vehicle while it was occupied by four police officers. Thankfully, no police officers were injured. According to the publicly-available complaint filed against her, Ms. Shader has also admitted to the conduct. In addition, it is alleged that just a few hours later, the two aforementioned lawyers threw similar Molotov cocktails into an empty NYPD vehicle in Brooklyn.

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Published on: June 15, 2017

Matthew Galluzzo interviewed about Trump investigation by Fox News

By Matthew J. Galluzzo

On June 14, an article in the Washington Post announced that special prosecutor Robert Mueller was investigating whether President Trump had obstructed justice by taking steps to impede the FBI's investigation into possible collusion by his campaign with Russian intelligence agents. Matthew Galluzzo appeared as a legal commentator on Fox 5 News New York to discuss this announcement.

The link is available here:

Report: Special counsel investigating Trump for possible obstruction of justice

Published on: June 20, 2011

New York Defense Attorney Explains the Crime of “Obstructing Governmental Administration.”

By Matthew J. Galluzzo

Recently, many protesters in New York City have been arrested and given Desk Appearance Tickets charging them with a violation of Penal Law 195.05, also called Obstructing Governmental Administration. “Obstructing Governmental Administration,” (colloquially referred to as “O.G.A.”) is a very commonly charged crime in New York. While the penal law title is self-explanatory, the application of the charge might be broader than you think. Essentially, any act of intimidation or a physical or independently unlawful act which is committed with intent to obstruct governmental administration falls within the ambit of the statute, which lies in New York Penal Law § 195.05, and states as follows:

§ 195.05 Obstructing governmental administration in the second degree.

A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act, or by means of interfering, whether or not physical force is involved, with radio, telephone, television or other telecommunications systems owned or operated by the state, or a county, city, town, village, fire district or emergency medical service or by means of releasing a dangerous animal under circumstances evincing the actor’s intent that the animal obstruct governmental administration.

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