Obstruction of Justice Defense Lawyer
Obstruction of Justice Defense Lawyer in New York City
Defending Clients Accused of Interfering with Federal Investigations and Judicial Proceedings
Being charged with obstruction of justice is a serious federal offense that can drastically escalate the consequences of an existing investigation. Prosecutors often use obstruction charges to strengthen their cases, pressure defendants into cooperating, or justify harsher penalties. These allegations typically arise in high-stakes investigations involving white-collar crime, fraud, public corruption, or conspiracy.
At Sosinsky Law, we have decades of experience defending clients in federal court who are accused of obstructing justice. From corporate executives and professionals to public officials and everyday citizens, we represent clients facing obstruction-related charges in the Southern and Eastern Districts of New York and beyond. We understand the subtle and often subjective nature of these charges, and how to dismantle the government’s narrative.
If you are being investigated for obstruction of justice, or if you’ve been indicted, it is critical that you retain an experienced federal criminal defense lawyer immediately. The stakes are high, and missteps during the early stages of an investigation can permanently impact the outcome of your case.
What Is Obstruction of Justice?
Obstruction of justice refers to any conduct that interferes with the orderly administration of law and justice. It is broadly defined under multiple federal statutes, most commonly:
- 18 U.S.C. § 1503 – Influencing or injuring an officer, juror, or court official
- 18 U.S.C. § 1512 – Witness tampering, evidence destruction, or intimidation
- 18 U.S.C. § 1519 – Destruction, alteration, or falsification of records in federal investigations
- 18 U.S.C. § 1505 – Obstruction of proceedings before departments, agencies, and committees
Because these laws are intentionally broad, federal prosecutors have significant discretion in how they are applied. You may be charged even if you did not intend to obstruct an investigation, but your actions were interpreted as misleading, intimidating, or dishonest.
Common Examples of Obstruction of Justice
Sosinsky Law defends clients accused of all forms of obstruction-related offenses, including:
- Lying to federal agents (e.g., during FBI or DOJ interviews)
- Withholding or destroying documents requested in a subpoena
- Instructing employees to alter records before a government inspection
- Threatening or influencing witnesses to not testify or to change their story
- Deleting emails, texts, or digital evidence during a pending investigation
- Concealing the existence of evidence from prosecutors or regulatory agencies
- Attempting to interfere with grand jury proceedings
- Bribing a juror, public official, or witness
In many cases, the underlying investigation may involve allegations of healthcare fraud, securities fraud, tax evasion, public corruption, or other white-collar crimes. Federal prosecutors often pursue obstruction charges when they suspect someone tried to cover up or interfere with that investigation.
Why Obstruction Charges Are So Dangerous
Obstruction of justice is often used as a companion charge to the underlying offense. For example, in a Medicare fraud case, if the government believes you deleted emails or told staff not to comply with a subpoena, they may bring obstruction charges in addition to the healthcare fraud allegations.
What makes obstruction particularly dangerous is that it can:
- Enhance sentencing exposure under federal sentencing guidelines
- Trigger harsher treatment from judges and prosecutors
- Damage your credibility with jurors if your case goes to trial
- Lead to a conviction even if you’re acquitted of the underlying crime
In some cases, obstruction is the only charge filed, especially when the government cannot prove the underlying fraud or misconduct but believes there was interference with their investigation.
Who Can Be Charged With Obstruction of Justice?
Anyone involved in a federal proceeding, investigation, or administrative action can face obstruction charges. This includes:
- Defendants in criminal investigations
- Company executives or compliance officers
- Employees or staff who handle subpoenas or audits
- Attorneys and legal advisors (if they advise or participate in concealment)
- Witnesses and third parties who influence the flow of evidence or testimony
Even seemingly small actions—like “forgetting” to disclose a relevant document or casually warning a coworker that federal agents are asking questions—can trigger allegations of obstruction.
Penalties for Obstruction of Justice
Obstruction of justice is a felony and carries steep penalties under federal law. Depending on the statute used, penalties may include:
- Up to 5 to 20 years in federal prison
- Hefty fines (often hundreds of thousands of dollars)
- Loss of professional licenses or security clearance
- Probation or supervised release
- Asset forfeiture if obstruction is tied to financial crimes
Judges often impose sentence enhancements if they determine obstruction occurred during a broader criminal scheme. For white-collar defendants, this can mean a prison sentence that is much longer than for the original offense alone.
How Sosinsky Law Defends Obstruction Charges
Obstruction charges are complex, and many defenses exist depending on the facts. At Sosinsky Law, we thoroughly investigate every aspect of your case to identify weaknesses in the government’s theory and build a compelling defense. Our strategies often include:
1. Challenging Intent
Federal prosecutors must prove that you acted “knowingly and corruptly” to obstruct justice. We work to show that any misleading statement, deletion of data, or misstep was:
- Made without malicious intent
- A result of misunderstanding or poor communication
- Not material to the government’s investigation
- Taken on the advice of counsel
2. Asserting Attorney-Client Privilege
In cases where alleged obstruction involves communications with your attorney, we may invoke privilege or argue that you acted based on good-faith legal advice. This defense is especially relevant in corporate or regulatory investigations.
3. Disputing Materiality
Not every omission or misstatement qualifies as obstruction. We scrutinize whether the action actually influenced or obstructed a proceeding, or whether the government is overreaching.
4. Exposing Procedural Misconduct
We challenge unlawful searches, overly broad subpoenas, or coercive questioning that may have led to misleading responses. If investigators violated your rights, we move to suppress that evidence.
5. Negotiating Early Resolution
If prosecutors are using obstruction charges as leverage, we may seek to resolve the matter through a deferred prosecution agreement, civil resolution, or non-prosecution agreement, avoiding criminal penalties altogether.
Why Choose Sosinsky Law?
Extensive Experience in Federal White-Collar and Fraud Defense
With decades of experience handling high-stakes federal criminal cases in New York, Sosinsky Law brings a deep understanding of how obstruction allegations arise—and how to shut them down before they result in a conviction.
Hands-On, Strategic Representation
From the first subpoena to the final verdict, we work closely with clients, investigators, and experts to craft the most strategic, legally sound defense possible. We don’t take shortcuts, and we don’t back down from a fight.
Trusted by Professionals and Executives
We’ve represented physicians, business owners, attorneys, and public officials accused of federal crimes, including obstruction. When your reputation, career, and freedom are on the line, you need a defense lawyer who understands both the law and the stakes.
Frequently Asked Questions About Obstruction of Justice
Can I be charged with obstruction if I didn’t lie but withheld information?
Yes. Obstruction can include withholding documents or delaying compliance with a subpoena. The government must show you acted willfully to interfere with their investigation.
Is deleting emails or texts enough to be charged with obstruction?
Potentially. If those communications are relevant to an ongoing federal investigation or court proceeding, deleting them may be seen as an effort to conceal evidence, even if you didn’t realize their importance.
What’s the difference between obstruction and perjury?
Perjury refers specifically to lying under oath. Obstruction is broader and includes any conduct that hinders an investigation or judicial proceeding, including witness tampering, destroying documents, or misleading investigators.
Can I face obstruction charges for advising someone to stay silent?
Possibly. If the government believes you improperly influenced a witness, they may charge you with obstruction, even if your advice was not unlawful. It depends on the context and your intent.
Do obstruction charges always result in prison time?
Not necessarily. Many factors influence sentencing, including your role in the case, your intent, and your prior record. A skilled defense attorney may be able to negotiate a non-custodial sentence or alternative resolution.
Contact a Federal Obstruction of Justice Lawyer in NYC
If you are being investigated or charged with obstruction of justice, the time to act is now. Federal prosecutors pursue these cases aggressively, and a single misstep can result in irreversible consequences.
At Sosinsky Law, we have the experience, knowledge, and determination to defend your rights and protect your future. Whether you’re the subject of a subpoena, a witness in a grand jury proceeding, or facing an active obstruction charge, we’re here to help. Contact Sosinsky Law today for a confidential consultation with an experienced federal obstruction of justice defense attorney in New York City.