Harassing a Witness in Florida
The penalties for Harassing a Witness increase based the type of investigation affected.
Under Florida Statute 914.22(3), the crime of Harassing a Witness, Victim, or Informant is committed when a person:
- Intentionally harasses another person; and
- Thereby hinders, delays, prevents, or dissuades any person from:
- Attending, testifying, or cooperating in an official proceeding or investigation;
- Reporting to a law enforcement officer or judge the commission of an offense or violation of a condition of probation, parole, or release pending a judicial proceeding;
- Arresting or seeking the arrest of another person in connection with an offense; or
- Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or from assisting in such prosecution or proceeding;
Penalties for Harassing a Witness
Harassing a Witness is a derivative crime, as the penalties are based upon the underlying crime being investigated. [1]
As such, the penalties are determined by whether the official event involved the investigation or prosecution of a:
Harassing a Witness in a Misdemeanor Investigation or Proceeding
The crime of Harassing a Witness in a Misdemeanor Investigation or Proceeding is a First Degree Misdemeanor. If convicted of Harassing a Witness in a Misdemeanor Investigation or Proceeding, a judge can impose any combination of the following penalties:
- Up to one (1) year in jail.
- Up to one (1) year of probation.
- Up to $1,000 in fines.
Harassing a Witness in a Third Degree Felony Investigation or Proceeding
The crime of Harassing a Witness in a Third Degree Felony Investigation or Proceeding is a Third Degree Felony and is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Harassing a Witness in a Third Degree Felony Investigation or Proceeding, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Harassing a Witness in a Second Degree Felony Investigation or Proceeding
The crime of Harassing a Witness in a Second Degree Felony Investigation or Proceeding is a Second Degree Felony and is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Harassing a Witness in a Second Degree Felony Investigation or Proceeding, a judge can impose any combination of the following penalties:
- Up to fifteen (15) years in prison.
- Up to fifteen (15) years of probation.
- Up to $10,000 in fines.
Harassing a Witness in a First Degree Felony Investigation or Proceeding
The crime of Harassing a Witness in a First Degree Felony Investigation or Proceeding is a First Degree Felony and is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Harassing a Witness in a First Degree Felony Investigation or Proceeding, a judge is required to impose a minimum sentence of 34½ months in prison absent grounds to impose a downward departure sentence and can impose any combination of the following penalties:
- Up to thirty (30) years in prison.
- Up to thirty (30) years of probation.
- Up to $10,000 in fines.
Harassing a Witness in a Capital or Life Felony Investigation or Proceeding
The crime of Harassing a Witness in a First Degree Felony Investigation or Proceeding is a First Degree Felony and is assigned a Level 7 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Harassing a Witness in a Capital or Life Felony Investigation or Proceeding, a judge is required to impose a minimum sentence of 34½ months in prison absent grounds to impose a downward departure sentence and can impose any combination of the following penalties:
- Up to thirty (30) years in prison.
- Up to thirty (30) years of probation.
- Up to $10,000 in fines.
Defenses to Harassing a Witness
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, specific defenses to the crime of Harassing a Witness are:
Civil Investigation
A person does not commit the crime of Harassing a Witness if they retaliate against a person for initiating a civil or administrative investigation or proceeding, such as a disciplinary investigation being conducted by a school. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Harassing a Witness in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.