Intimidating a witness is a very serious charge, chargeable in three degrees but even at its lowest form is a class E felony. As with any felony conviction, this could mean the loss of rights afforded to you as a citizen so call now to get a free consultation with one of our experienced New York criminal attorneys and discuss your charges. It is important to know that it is also a chargeable offense if an employer unlawfully penalizes a witness or victim involved in a court procedure.
In its lowest charge, intimidating a witness or victim in the third degree is a class E felony and can lead to up to a year imprisonment. This charge applies when a person, knowing that another person possesses information that relates to a criminal occurrence and other than during the criminal occurrence or immediate flight they attempt to compel or compel the other person to not communicate information to any court, peace or police officer or prosecutor by creating a fear of physical injury to them or another person. Additionally, this charge applies if they intentionally damage the property of such person or a third person for the purpose of having them not communicate information to the court representative.
The second higher charge, intimidating a victim or witness in the second degree, is charged as a class D felony. This level of the offense applies when a person causes physical injury to another in order to prevent or obstruct them from relaying information to a court or court officer. If they cause the physical injury to a third person in order to prevent the communication of information or if they recklessly cause physical injury to another by intentionally damaging their property, this offense also applies.
The highest charge of intimidating a witness or victim is a class B felony, meaning significant time behind bars if convicted. This charge applies when serious physical injury to a person or a third party of relation to the party who holds the information about a criminal matter is caused intentionally for the purpose of preventing them from informing the prosecutor, grand jury, police or peace office or court with information relating to criminal activity.
Additionally, an employer is not allowed to penalize an employee for their absence from work while they are part of a criminal case as a victim or a witness and they must be in accordance with proper procedure for withholding wages and discharging them from their position. If an employer does not follow proper procedure, they can be charged with a class B misdemeanor.
Being charged with intimidating a witness or a victim is an incredibly serious charge, regardless of the degree because all degrees can result in a felony conviction, meaning a loss of rights even after the sentence has been completed. Our experienced team of New York criminal attorneys are here to help you with your charges and are waiting to take your call. Call now for a free consultation.