Tampering with a Witness in Florida
The penalties for Tampering with a Witness increase based upon the type of prosecution affected.
Under Florida Statute 914.22(1), the crime of Tampering with a Witness, Victim, or Informant is committed when a person:
- Knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person;
- With the intent to cause or induce any person to:
- Withhold testimony, records, documents, or other evidence, from an official investigation or proceeding;
- Alter, destroy, mutilate, or conceal evidence with the intent to impair its integrity or availability for use in an official investigation or proceeding;
- Evade a subpoena to appear or to produce tangible evidence in an official investigation or proceeding;
- Be absent from an official proceeding to which such person has been subpoenaed;
- Hinder, delay, or prevent the communication of information relating to a crime or violation of probation, parole, or release, to a law enforcement officer or judge; or
- Testify untruthfully in an official investigation or proceeding
Specific Intent Crime
Tampering with a witness is a specific intent crime and requires a person to specifically intend to hinder, delay, or prevent the communication of information regarding a crime to law enforcement officer. [1]
Penalties for Tampering with a Witness
Tampering with a Witness is a derivative crime, as the penalties are based upon the underlying crime being investigated. [2]
As such, the penalties are determined by whether the underlying case involved the investigation or prosecution of a:
Tampering with a Witness in a Misdemeanor Investigation or Proceeding
The crime of Tampering with a Witness in a Misdemeanor 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 Tampering with a Witness in a Misdemeanor 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.
Tampering with a Witness in a Third Degree Felony Investigation or Proceeding
The crime of Tampering with a Witness in a Third 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 Tampering with a Witness in a Third 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.
Tampering with a Witness in a Second Degree Felony Investigation or Proceeding
The crime of Tampering with 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 Tampering with a Witness in a Second Degree Felony Investigation or Proceeding, a judge 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.
Tampering with a Witness in a First Degree Felony Investigation or Proceeding
The crime of Tampering with a Witness in a First Degree Felony Investigation or Proceeding is a First Degree Felony and is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Tampering with a Witness in a First Degree Felony Investigation or Proceeding, a judge 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.
Tampering with a Witness in a Capital or Life Felony Investigation or Proceeding
The crime of Tampering with a Witness in a First Degree Felony Investigation or Proceeding is a Life Felony and is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code.
If convicted of Tampering with a Witness in a Capital or Life Felony Investigation or Proceeding, a judge can impose any combination of the following penalties:
- Up to life imprisonment.
- Up to life on probation.
- Up to $15,000 in fines.
Defenses to Tampering with 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 Tampering with a Witness are:
Emotional Manipulation
It is a defense to the crime of Tampering with a Witness if it can be shown that the alleged tampering was nothing more than emotional appeals meant to dissuade a person from cooperating with law enforcement, such as “tugging at the heartstrings” of a witness. [3]
Before an emotional appeal can rise to the level of witness tampering, there must be some component of intimidation within the appeal.
Unofficial Investigation or Proceeding
A person does not commit the crime of Tampering with a Witness if they retaliate against a person involved in an unofficial investigation or proceeding, such as a disciplinary investigation being conducted by a school. [4]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Tampering with 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.