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Intimidation of a Witness

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Woburn Defense Lawyer: Intimidation of a Witness

If you have been charged with intimidation of a witness, you may be somewhat confused and alarmed by the accusation. You may be wondering how anything you have done or said could be construed by someone in law enforcement as deliberately intimidating.

While intimidation of a witness conjures up images of a gangster threatening a witness with a beating if he testifies against him in court, most prosecutions for this crime are not so obvious. 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 urged the alleged victim not to contact the police. The police have also been charging those accused of domestic assault and battery with intimidation of a witness if the accused 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.
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