Witness Tampering

Criminal cases of all different kinds often rely on different type of evidence and witness testimony. Eyewitness testimony is often heavily relied on in certain types of cases. If a witness changes his or her story, there may be suspicion of witness tampering. Witness tampering is a crime that involves the intimidation or threat of force used against a witness with the intent of making that witness change his or her story or even abstain from giving testimony altogether. If you’re being charged with witness tampering, it’s important to speak with a criminal defense attorney about your case immediately, because these charges are serious.

Attempting to Prevent a Witness From Testifying

Any actions that can be interpreted as behavior that attempts to prevent a witness from testifying can be considered witness tampering, so it’s important for people to understand how important it is to take these situations very seriously. If a person tries to get a witness to change his or her story, that’s also considered witness tampering. In most cases, witness tampering is a felony and can result in additional years behind bars, if convicted. Listed below are the elements of witness tampering as a crime.

Elements of Witness Tampering Crime

• A witness has upcoming testimony to give.
• Intimidation, threat or physical force is used against witness.
• There was intent to influence the witness to change testimony or abstain from testifying.

Threats, Intimidation or Use of Force

A variety of actions, behaviors and communications can be construed as “intimidation.” Physical force is obviously a form of intimidation and an action that can be considered an element of witness tampering, especially if there is intent to get the witness to change his or her testimony. Threats of force, even by a third party, could also be seen as a type of witness tampering. Any kind of force, threat, intimidation or harassment of a witness can satisfy one of the elements of witness tampering.

Intentional Harassment of Witness

In any case involving witness tampering, it will be critical to show that there was also intent to change a witness’ behavior with the harassment or intimidation. A simple altercation, argument or communication with a witness may not be tampering. There has to be intent to persuade the witness to change his or her story or to abstain from testifying or giving their testimony. It will be necessary for the prosecution to show that there was intent to change a witness’ behavior in order for the elements of witness tampering to be satisfied.