You can only be charged with witness tampering if you try to prevent a witness from testifying or otherwise participating in the legal process
The concept of witness intimidation or tampering is often used as plot lines in TV shows, books, or movies. Perhaps a key witness in a shooting doesn’t want to come forward because they fear retaliation from gang members, or a witness decides to not cooperate in a domestic violence after her husband threatens to take away the kids. While witness tampering is a real crime, it can be hard to know what exactly it involves — and where the line is. Could you be charged with a crime for simply talking to a witness in a case against you?
As a criminal defense attorney in Santa Ana, CA can explain, witness tampering involves something more than just talking to a witness in a case (civil or criminal). Instead, to be convicted of witness intimidation or tampering, the prosecutor must prove that you:
- Knowingly and maliciously
- Prevented or dissuaded, or attempted to prevent or dissuade
- A victim or witness from (a) attending or giving witness testimony at a legal proceeding; (b) reporting a crime to law enforcement; (c) aiding in the prosecution process; or (d) aiding in the arrest process.
Under this law, you cannot be convicted for simply talking to a witness. For example, if you have been charged with stealing your grandmother’s checkbook and writing checks on her account without her permission, you can still talk to your grandma about everyday things, like a family member who is sick or whether she needs anything from the grocery store. You could even talk to her about the case itself (although your criminal defense attorney in Santa Ana, CA would advise against it, as anything you say to her could be used against you in court).
However, if you tell your grandma that if she testifies against you, you will burn down her house, that would be considered witness tampering. In this situation, you would be intentionally trying to prevent her from testifying — which is exactly what the law against witness tampering is designed to stop.
The penalties for witness tampering can be steep. It may be charged as a felony or a misdemeanor, depending on the facts of the case. As a misdemeanor, it is punishable by up to 1 year in jail and/or a fine of up to $1,000. As a felony, it is punishable by up to 4 years in state prison and/or a fine of up to $10,000. Because the penalties for this crime are severe, it is important to work with a criminal defense attorney in Santa Ana, CA who can help defend you against these charges.
If you have been charged with a crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
