Intimadating a witness
A person commits the crime of tampering with a witness if, with purpose to induce a witness or a prospective witness to disobey a subpoena or other legal process, or to absent himself or avoid subpoena or other legal process, or to withhold evidence, information or documents, or to testify falsely, he: (1) Threatens or causes harm to any person or property; or (2) Uses force, threats or deception; or (3) Offers, confers or agrees to confer any benefit, direct or indirect, upon such witness; or (4) Conveys any of the foregoing to another in furtherance of a conspiracy. A person commits the crime of "victim tampering" if, with purpose to do so, he prevents or dissuades or attempts to prevent or dissuade any person who has been a victim of any crime or a person who is acting on behalf of any such victim from: (1) Making any report of such victimization to any peace officer, or state, local or federal law enforcement officer or prosecuting agency or to any judge; (2) Causing a complaint, indictment or information to be sought and prosecuted or assisting in the prosecution thereof; (3) Arresting or causing or seeking the arrest of any person in connection with such victimization. Tampering with a witness in a prosecution, tampering with a witness with purpose to induce the witness to testify falsely, or victim tampering is a class C felony if the original charge is a felony. This charge is commonly applied in cases where the police claim you threatened someone into not coming forward or covering up a crime which that person saw or has knowledge of.(a) If any person shall by threats, menaces or in any other manner intimidate or attempt to intimidate any person who is summoned or acting as a witness in any of the courts of this State, or prevent or deter, or attempt to prevent or deter any person summoned or acting as such witness from attendance upon such court, the person shall be guilty of a Class G felony. (b) A defendant in a criminal proceeding who threatens a witness in the defendant's case with the assertion or denial of parental rights shall be in violation of this section. All crimes have elements that must be proven by the prosecution in order for a defendant to be convicted. Truly people need to know that he is a expert in what he does.The burden of proof is whether the judge or jury believes beyond a reasonable doubt that the prosecution has proven, the element. Also – the law draws an important distinction between the two methods of harming a witness. His personality is compassionate, intellectual, and down to earth. In the time I worked with him, it was a pleasure to be around him. And the charge is at the beginning of the statute I pasted: "Tampering with a witness/tampering with a victim." The charge is being in violation of that statute by engaging in one of the listed activities. That IS the law in Missouri, taken directly from the Missouri statutes.
The Definition of Witness Intimidation If an individual tries to prevent a witness from initiating a criminal complaint, answering questions posed by a law enforcement agency, or testifying in court, he or she can be charged with witness Intimidation, Tampering, or, if it is after the fact, Retaliation. The courts prescribe more severe penalties for conduct it perceives to have more severe consequences, even if the differences are only a matter of degree, so long as the classifications of criminal behavior are based on differences reasonably related to the general purpose of these laws. Thanks H." "Working with Michael Steinberg was a wonderful experience.
In regard to this element, the question is whether the attempt was made, not whether it was successful. Also, the Defendant could not have abandoned the crime of tampering with a witness once he attempted to influence the victim, because the crime was completed when the attempt was made.
The final element is that the defendant acted knowingly.
Intimidation of a witness can be applied outside of any other criminal charges.
For example, if someone threatens to call the police on you, and you tear the phone off the wall, you can be charged with intimidation of a witness under Massachusetts law.
An enhanced version of this law is found in the Aggravated Witness Intimidation Law: Aggravated Intimidation of a Witness or Victim 18-8-705. Some Thoughts on this Law The plain language of subsection (1)(a) does not require the DA to prove an attempt to interfere with actual testimony anticipated to be offered at a trial, hearing, or other sworn proceeding but only that the defendant attempted to influence a witness or victim to testify falsely or to unlawfully withhold testimony that may be offered in the future, and the witness or victim need not be under subpoena or legal summons at the time of the contact. The mere presence of the victim at trial does not permit the jury to conclude that she or he was legally summoned to appear at trial.