What happens if there is witness tampering
Also known as witness intimidation or witness harassment, tampering with a witness can result in state or federal criminal charges. Witness tampering or harassment crimes carry very serious penalties in Florida.
It is important to understand that when a person is accused of one of these offenses, a prosecutor will be required to prove beyond a reasonable doubt the highest possible criminal standard that the alleged offender intended to influence, delay, or prevent the testimony of any person in an official proceeding.
If you were arrested or think that you could be under investigation for allegedly tampering with a witness in South Florida, it is in your best interest to exercise your right to remain silent until you have legal representation. Fort Lauderdale criminal defense lawyers Lawrence Meltzer and Steven Bell can fight to possibly get your criminal charges reduced or dismissed. Call to have our attorneys review your case and discuss all of your legal options during a free, confidential consultation.
In response, the legislature has increased the punishment when tampering with a witness is linked to an official proceeding involving a family violence charge. It will be the greater of either:. Additionally, if under these same circumstances, it is shown at trial that that defendant has been previously convicted, in Texas or any other state, of a family violence offense the charge will be the greater of either:.
Tampering with a witness, or witness intimidation, is a form of obstruction of justice in the federal system. Under 18 U. The punishment for federal witness tampering depends on the severity of the crime.
Killing a witness is punishable by up to life in prison. Using physical force to intimidate a witness is punishable by up to 30 years in federal prison. They limit the maximum punishment range at 5 to 99 years in prison. If you are tampering with a witness in a family violence case, it is either a third-degree felony or the most serious offense charged in a criminal case.
If the underlying proceeding involves family violence and it is shown at trial that the alleged offender has previously been convicted of an offense involving family violence, it will increase of the punishment range from a third-degree felony up to a second-degree felony.
If you have previously been convicted of domestic violence and then you are charged with tampering with a witness, if you get convicted of that tampering with a witness, instead of the typical two to three years, you are looking at two to 20 years in prison. For more information on Witness Tampering Charges In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling today. Daniel W. If you are a defendant in a criminal case, talk with your attorney about this issue and any contact you may need or want to have with witnesses involved in the case.
Be prepared to follow your attorney's advice as this can protect you against additional criminal charges. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Intimidating a Witness. Even seemingly benign conversations between criminal defendants and potential witnesses can result in an accusation of witness tampering.
Examples include: asking a witness to testify in a certain way, to lie, to not testify, to not report a crime or to not cooperate with police offering a witness a bribe money, material goods, or some other benefit threatening a witness with physical violence or property damage threatening the witness's family members or loved ones, and preventing a witness from attending a legal proceeding, such as a court hearing or deposition.
Who Can Be Accused of Witness Tampering or Intimidation The idea of witness tampering or intimidation probably brings to mind a defendant in a criminal case threatening a witness, but the defendant is not the only person who can be accused of or commit this crime. Contact Between Defendants and Witnesses In criminal cases, defendants often are ordered not to have contact with any witnesses while the case is pending.
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