Witness tampering, also commonly referred to as “tampering with a witness” or “intimidating a witness,” is a criminal action that is generally defined as an attempt to alter or prevent a witness’ testimony in a criminal or civil court proceeding. It is important to note that the exact definition of witness tampering will be dependent on your local jurisdiction’s law on witness tampering or the federal definition, depending on the facts of the case.
Witness tampering can also apply to other proceedings in which a witness’ testimony is important, such as during Congressional hearings or arbitration sessions.
As mentioned above, witness tampering is both a state and federal criminal offense. This means that depending on where the alleged witness tampering occurred, the individual who is alleged to have tampered with witnesses may be charged in a federal or local court.
Further, depending on the severity of the criminal action, the criminal actor will face misdemeanor or felony charges, depending on the circumstances involved in their specific case. Further, they may also face attempted tampering if they were not successful in their criminal actions. There are some states that even include witness tampering under obstruction of justice laws.
As such, criminal actors who engage in witness tampering may also face obstruction of justice changes.
What Qualifies as Witness Tampering?
As mentioned above, every state will have a criminal statute that covers witness tampering or acts that are related to witness tampering. Additionally, there are also federal statutes that address what qualifies as witness tampering. In general, there are many acts that could be considered as witness tampering.
In some cases, states may require the use of physical force or threats of physical harm in order for an act to be considered as witness tampering. However, there are many states that include tampering by any means, such as bribery or verbal intimidation, as enough to warrant criminal charges being brought against the actor.
Examples of other types of criminal conduct and situations that might lead to witness tampering charges being brought against the criminal actor include:
- Convincing a witness to lie in their testimony or on the record;
- Engaging in stalking, harassment, or other forms of harassment of a witness;
- Instructing a witness to provide specific testimony or answer questions in a specific way while under oath in court;
- Altering or destroying physical evidence or exhibits that are to be utilized in court;
- Threatening property damage or physical harm to an individual in order to influence their testimony;
- Causing a person to not cooperate with authorities, causing them to completely withdraw or skip out on testifying; and/or
- Making a request for a witness to testify in the person’s favor in a way that qualifies under state or federal laws as tampering.
Once again, the exact elements and what qualifies as tampering will depend on the laws of your jurisdiction. For instance, in the state of Texas, witness tampering is defined in the Penal Code as a person that, with intent to influence a witness, offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or coerces a witness or a prospective witness in an official proceeding to:
- Testify falsely;
- Withhold any testimony, information, document, or thing;
- Elude legal process summoning them to testify or supply evidence;
- Absent themselves from an official proceeding to which they have been legally summoned; or
- Abstain from, discontinue, or delay the prosecution of another.
Are There Any Legal Penalties for Witness Tampering?
In short, yes. As mentioned previously, witness tampering can either lead to a misdemeanor or felony charge depending on the specific facts of the case at hand. As far as the exact criminal or legal penalties for witness tampering, that will depend on the specific state or federal statute that the charges are being brought under.
Once again, tampering with a witness, a victim, or an informant can lead to criminal penalties ranging from misdemeanor penalties of up to 1-year imprisonment and smaller criminal fines to more than 1 year of imprisonment and severe criminal fines. In fact, in cases where physical force was used or where threats of force were used, the criminal sentence may be increased to up to 20 years or more in prison.
In addition to criminal penalties, a person who has been found guilty of witness tampering may also face a civil lawsuit. Any person who has been financially harmed has an inherent right to bring a civil lawsuit against the person who harmed them in order to recover the damages that they suffered as a result of the witness tampering.
In the state of Texas, tampering with a witness is a third-degree felony, which is punishable by 2 to 10 years in local prison, up to $10,000 in criminal fines, or a combination of both. However, there can be more severe criminal penalties imposed if the tampering occurred during an arson case or in a case involving a family violence charge. Further, the charges can increase if the individual has been charged with tampering in the past.
What Qualifies as Federal Witness Tampering?
As mentioned above, witness tampering may either be charged under state laws or under federal laws. The written laws concerning federal witness tampering can be found in Title 18 of the United States Code Section 1512. Section 1512 includes several variations of what qualifies as witness tampering.
Specifically, Section 1512 of the United States Code focuses on tampering with a witness, victim, or informant. It is also important to note that there are separate federal crimes for actions where an individual retaliates against a witness or tries to influence a juror.
Additionally, the federal witnessing crime may involve using physical force against the witness. If that is the case, the court can also charge the individual with a more severe crime and sentence the offender to up to 30 years in federal prison.
On the other hand, a person whose tampering actions consist of simply harassing a witness to dissuade them from providing testimony will face less severe criminal penalties, such as less than 1 year of federal imprisonment and minimal criminal fines.
Importantly, because the charges brought against the defendant are federal crimes, the criminal case will proceed in a federal district court instead of a local court. As such, the prosecutors will be federal prosecutors working under the United States Department of Justice.
Do I Need a Lawyer for Help With Witness Tampering Charges?
As can be seen, witness tampering often results in severe criminal penalties. Even a misdemeanor witness tampering charge can result in imprisonment and criminal fines. Depending on the circumstances involved in the case, felony charges may also be brought against you.
As such, if you are facing witness tampering charges, it is in your best interests to consult with an experienced criminal lawyer immediately. An experienced criminal attorney can provide legal assistance and representation during any in-person criminal proceeding, as well as help you put forth your best legal defense to the charges brought against you.
A criminal lawyer can also help you assert any legal defenses that may be applicable in your specific case. Finally, an attorney will be able to represent you during the criminal trial and sentencing phase, as necessary.
