With individuals in the greater Boston area donning “Don’t Snitch” shirts, law enforcement is cracking down on witness intimidation. Many courthouses no longer allow cell-phones because most are equipped with cameras and gangs may seek to harass, threaten, injure or kill an individual testifying on behalf of the prosecution. Being branded a “snitch” can be a death sentence.
Law enforcement and district attorney’s offices routinely charge those accused of assault and battery, rape, armed robbery, etc., with witness intimidation if the accused allegedly advised the alleged victim not to contact the police. Unfortunately, law enforcement has also been charging those accused of domestic assault and battery with intimidation of a witness if the spouse attempted to prevent the spouse from calling the police. As with nearly all criminal statutes, law enforcement has abused its discretion by charging the accused with witness intimidation where the charge is without merit. A conviction for witness intimidation is punishable by imprisonment for not more than 2 ½ years in a jail or house of correction or not more than 10 years in a state prison, or by a fine of not less than $1,000 nor more than $5,000.
Attorney Mahoney has successfully defended countless individuals accused of witness intimidation all over the Commonwealth of Massachusetts.
Elements of the Crime:
The Commonwealth must prove beyond a reasonable doubt that the accused:
1. Directly or indirectly, but willfully, threatened, attempted or caused physical, emotional, economic or property injury or damage of a witness; or,
2. Conveyed a gift or promised anything of value to a witness or potential witness, or misled, intimidated or harassed a witness or potential witness, a judge, juror, grand juror, prosecutor, police officer, federal agent, investigator, defense attorney, clerk, court officer, probation officer or parole officer.
