Tampering with a witness is an incredibly serious charge and is chargeable in four degrees ranging from an A misdemeanor to a B felony. In the same type of category is bribing a witness, in which case the witness receiving the bribe can also be charged and both are a D felony. To avoid possible time behind bars, call our experienced team of New York criminal attorneys now to discuss options in handling these charges.
The lowest charge is tampering with a witness in the fourth degree with is a class A misdemeanor. This charge applies when a person knows that another is or will be a witness in an action and they wrongfully induce or attempt to induce the witness to have them avoid or seek to avoid appearing or testifying in said action. Additionally, a person can be charged with this offense if they knowingly make any false statement or practice deceit or fraud intending to affect the testimony of such person. In this form, a conviction can lead to a year in jail and extensive fines.
The next higher charge of this offense is a class E felony. This higher offense applies when a person wrongfully attempts to compel or does compel a person who is about to be called as a witness in criminal proceeding to not appear and testify or to swear falsely by creating a fear of physical injury to the witness or a another person. As this is now a felony charge, it is incredibly important that you call our experienced team of New York criminal attorneys to handle these charges so that you do not have a felony conviction and lose rights afforded to you as a citizen.
The second highest charge, tampering with a witness in the second degree is charged when physical injury is intentionally caused for the purpose of delaying, impeding, preventing, or obstructing a testimony in a criminal proceeding or to compel them to swear falsely. Additionally, if a person causes physical injury to a person because they or a third person have testified in a criminal proceeding, they can be charged with this offense. If instead they cause serious physical injury for the same reasons as above, the offense would be witness tampering in the first degree and be charged a class B felony.
Another charge related to unlawful conduct with a witness is the charge of bribing a witness. If a person agrees or offers to confer or does confer any benefit to a person who is or will be called as a witness in any action for the purpose of an agreement that the witness’ testimony will be influenced or that the witness will avoid presenting their testimony they can be charged with this offense which is a class D felony. Alternatively, the witness who receives such a bribe can be charged with the offense of bribe receiving by a witness which is also a class D felony.
Regardless of which degree you have been charged with tampering with a witness or bribing a witness, our experienced team of New York criminal attorneys are here to help. Call now for a free consultation.