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Charged With Witness Tampering?

Tampering With a Witness

Tampering With or Harassing a Witness, Victim, or Informant

Under Section 914.22 of the Florida Statutes, Tampering with or harassing a witness, victim, or informant occurs when:

  1. A person knowingly intimidates or uses physical force, or threatens another individual, or attempts to do so, or when they engage in misleading conduct towards another person, or when they offer financial gain to the other person, with the intention of causing the other person to:
    1. Withhold testimony or documents from an official investigation or proceeding;
    2. Alter, or destroy, or conceal something with the intent to impede an official investigation or proceeding;
    3. Impede someone from appearing as a witness, or to produce documents or some other form of records in an official investigation or proceeding;
    4. Be absent from an official hearing for which they have been summoned;
    5. Hinder, or delay, or prevent communication to a member of law enforcement, or a judge, information pertaining to the commission of a crime, or the possible commission of a crime, or a violation of probation, parole, or a pending release; or
    6. To make false statements or to lie in an official investigation or a proceeding.

Penalties for Tampering With a Witness

Tampering with a witness, a victim, or an informant is a felony in the third degree where the investigation involved the prosecution of a misdemeanor offense. A third degree felony is punishable by up to 5 years in state prison and a $5,000 fine.

It is a second degree felony where the investigation involved the prosecution of a third degree felony. Punishment for a second degree felony includes up to 15 years in prison, and a $10,000 fine, or both.

Tampering with a witness, victim or informant is a first degree felony when the official investigation or proceedings affected the investigation or prosecution of a second degree felony. A first degree felony is punishable by up to 30 years in prison, or a $10,000 fine, or both.

Tampering with a witness is a first degree felony where the affected investigation or proceedings involved the prosecution or investigation of a first degree felony or a felony that is punishable by a term not to exceed life in prison.

The most serious level of tampering with a witness is where the defendant tampered with the investigation or prosecution of a capital felony, in which case the offense is a life felony.

If the offense affected the official proceeding of a noncriminal investigation or proceeding, then the offense is a felony of the third degree, which is punishable by up to 5 years in prison, or a $5,000 fine, or both.

Harassing a Witness, Victim or Informant

When someone intentionally harasses another individual to the extent where they prevent or dissuade someone from testifying, or reporting before a member of law enforcement or a judge, or when they dissuade someone from seeking an arrest for an offense, or when they hinder someone from causing a probation revocation proceeding, they are guilty of harassing a witness, a victim, or an informant.

Harassing a witness, victim or an informant is a misdemeanor in the first degree when the investigation or official investigation involved the prosecution or investigation of a misdemeanor.

Harassing a witness, victim or informant is a felony of the third degree when it affects the investigation or prosecution of a third degree felony. The offense is a second degree felony when it affects the prosecution or investigation of a second degree felony, and it is a felony in the first degree when it involves the prosecution or investigation of a first degree felony.

If the offense affected the investigation or official proceeding of a noncriminal investigation, then it is prosecuted as a third degree felony.

If you are facing charges of tampering or harassing a witness in Miami, you are strongly urged to contact the Law Office of Michael Mirer, P.A. as soon as possible. The sooner we can get involved in the investigation, the greater your chances of reaching a favorable outcome in the charges against you.

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