You might be feeling anxious and overburdened if you or a loved one has been accused of committing a crime. In this situation, it might be tempting to get in touch with a witness (or the victim) and try to persuade them not to testify. But if you do, you can face charges for intimidating a witness (also referred to as witness tampering).
It is illegal in California to intimidate a witness in order to keep them from appearing or testifying at a trial, legal procedure, or other legally permitted investigation. Three aspects of this offense must be demonstrated before you can be found guilty in state or federal court. Keep reading to learn what those elements are and then contact Chambers Law Firm at 714-760-4088 if you require help from a federal defense attorney.
These three elements must be proven to convict you
In order to secure a conviction, the prosecution must prove that you prevented or discouraged, or made an attempt to discourage or prevent, a witness to a crime or a victim of a crime from appearing in court or giving a statement, reporting a crime, helping with the investigation of the case, or helping with the arrest.
Witness tampering can be charged as a misdemeanor or felony offense
Witness tampering is a wobbler offense, which means that depending on the specifics of the case and the criminal record of the defendant, it may be charged as either a misdemeanor or a felony. If a person was employed by another person to intimidate the witness, if the defendant had previously been found guilty of intimidating a victim or witness, if the intimidator utilized threats of violence, or if the intimidation was a component of a larger conspiracy, it will always be charged as a felony.
When witness tampering is charged as a misdemeanor, the maximum penalty is $1,000 in fines and/or a year in jail. Witness tampering in California is a felony that carries a maximum 4-year prison sentence as well as a $10,000 fine.
Potential defense options for a charge of witness tampering
When accused of intimidating or tampering with witnesses, there are numerous plausible defenses. Your criminal defense attorney can contend that when dealing with a witness or victim, you lacked knowledge or malice.
For instance, you wouldn’t be prosecuted with witness tampering if you discussed the murder of a witness to a crime with a buddy without realizing that your friend was also a witness. This is so for two reasons: (1) you didn’t act knowingly; and (2) you didn’t intend to hurt your friend or stop them from testifying.
Alternately, your attorney can contend that you were wrongfully accused. If you are a victim of domestic abuse and your partner accuses you of threatening to hurt them if they report the crime, for instance, it may be a false accusation made to gain an edge in custody or divorce procedures.
Last but not least, a criminal defense attorney could be able to demonstrate that the person they spoke to wasn’t a witness to or a victim of a crime. In other words, if the individual you intimidated was neither a witness nor victim, you could not have tampered with evidence. However, if you make threats in this circumstance, you could still face criminal charges.
Call now for a free legal consultation
Chambers Law Firm can help if you have been accused with witness tampering or another felony. We represent people in Southern California who have been accused of many different kinds of criminal charges. To arrange a free initial appointment with a criminal defense attorney in Santa Ana, CA, call us at 714-760-4088 or email dchambers@clfca.com right now.
