NY Penal Law 215 Tampering with Witnesses and Jurors

NY Penal Law 215 Tampering with Witnesses and Jurors

In this post we’re going to pick apart the legalese of New York’s penal law in regards to tampering with witnesses and jurors in order to make the meaning of the law a little clearer for you. So first, let’s start with the charge of bribing a witness.

Bribing a witness.

You’re guilty of this charge when you confer some sort of benefit on a witness or someone who’s going to be called as a witness in an action or proceeding on an agreement or understanding that the witness’s testimony is going to be influenced, or the witness will avoid testifying. This is considered a class D felony.

Bribe receiving by a witness.

This is where a witness/someone who’s going to be called as a witness solicits or agrees to accept a benefit from someone else on agreement that their testimony will be influenced, or they’ll absent themselves from testifying. This charge is a class D felony.

Tampering with a witness in the fourth degree.

You’re guilty of this charge when you wrongfully induce or try to induce a witness from testifying, or knowingly make a false statement or practice fraud or deceit to affect the person’s testimony. This crime is punished as a class A misdemeanor.

Tampering with a witness in the third degree.

This charge is similar to the preceding, but with the addition that the person charged instills a fear in the witness that they or someone else will be harmed either if they don’t absent themselves from testimony or if they don’t falsely swear. This is a class E felony.

Tampering with a witness in the second degree.

As far as tampering with a witness in the second degree goes, this involves intentionally causing injury to someone in order to obstruct, delay, or prevent them from giving testimony, or if they assaulted someone for already having testified. This crime is a class D felony.

Tampering with a witness in the first degree.

For the final charge of tampering with a witness, this is when someone intentionally causes injury to someone to obstruct or impede them from giving testimony, or if they intentionally cause injury to someone after having testified. This is a class B felony.

Employer unlawfully penalizing witness or victim.

Anyone who’s the victim of an offense that an accusatory instrument is based on, or is subpoenaed to show up for a criminal proceeding as a witness, or who exercises their rights as a victim, and who notifies their employer of their intent to appear as a witness, to consult with the DA, or exercise their rights, van’t be subject to a penalty from their employer. On request of the employer, whoever sought out this person’s attendance has to provide verification of the employee’s service. An employer can withhold wages, though. Giving the witness some sort of penalty for not attending work is a class B misdemeanor. Also, just so you know, the term victim includes the aggrieved person as well as their next of kin if the aggrieved person is deceased.

Intimidating a victim or witness in the third degree.

To be guilty of this crime, you’ll have to wrongfully compel someone else to not communicate some sort of damning information in court by instilling a fear in them, or intentionally damage this person’s property to compel them to stop from relating the same information. This is a class E felony.

Intimidating a victim or witness in the second degree.

For the second degree of this crime, you’ll have to have intentionally caused injury to someone else to obstruct information or to get that person to swear falsely. This crime is a class D felony.

Intimidating a victim or witness in the first degree.

The final degree of this charge is applicable when you intentionally cause injury to someone else to compel the person to swear falsely. This charge is a class B felony.

Bribing a juror.

This charge happens when you confer a benefit on a juror on agreement that the juror’s vote will be influenced. This charge is a class D felony.

Bribe receiving by a juror.

Bribe receiving by a juror is when you solicit or accept a benefit from someone else on agreement or understanding that their vote or other action as a juror will be influenced. This crime is a class D felony.

Providing a juror with a gratuity.

This charge occurs when you confer or offer to confer to a jury member a benefit with the intent to reward them for their service. This crime is a class A misdemeanor.

Tampering with a juror in the second degree.

You’re guilty of this charge when you confer some kind of payment on a juror so that the juror or someone else supplies information, or, acting on behalf of a juror, you accept payment or benefit in consideration for supplying information. This crime is considered a class B misdemeanor.

Tampering with a juror in the first degree.

Now for tampering with a juror in the first degree, this is when you communicate with a juror except as authorized by law, and this is a class A misdemeanor.

Misconduct by a juror in the second degree.

Misconduct by a juror in the second degree is when you accept or agree to accept a payment or benefit for yourself or someone else in consideration for supplying information. This is considered a violation.

Misconduct by a juror in the first degree.

This charge is when a juror agrees to give a vote, opinion, or decision for or against a party to this action or proceeding. This is a class A misdemeanor.

Tampering with physical evidence; definitions of terms.

Now we move on to tampering with physical evidence. Before we get into the charges, though, let’s supply some definitions:

• Physical evidence is any article, object, document, or anything else of physical substance that’s going to be used as evidence.
• Official proceeding is any action or proceeding that’s conducted before a government agency.

Tampering with physical evidence.

Good. We’ve covered the definitions. Now let’s get into the charges. You’re guilty of tampering with physical evidence when you knowingly make or prepare false evidence, or produce or offer evidence at a proceeding knowing it’s false. This crime is a class E felony.

Compounding a crime.

You’re guilty of compounding a crime when you solicit, accept, or agree to accept a benefit on agreement that you won’t initiate prosecution for a crime, or you confer, offer, or agree to confer a benefit on someone else on agreement that the other person will not initiate prosecution for a crime. This crime is a class A misdemeanor.

Unlawful grand jury disclosure.

For unlawful grand jury disclosure, you’re guilty of this when you intentionally disclose to someone else the nature of a grand jury testimony. This is a class E felony.

Unlawful disclosure of an indictment.

You’re guilty of this when you intentionally disclose the fact that an indictment’s been found or filed before the accused is in custody. This is a class B misdemeanor.
So there you have it–a simple explanation for what goes into the charges of tampering with witnesses and jurors.

EXCELLENT Based on 362 reviews.

Charle Butler

2021-03-12

Verified

I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!

Mesonista parsons

2021-03-05

Verified

My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.

debabrata chakraborty

2021-03-03

Verified

Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.

Asata Hendricks

2021-03-02

Verified

Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.

Mike Moroff

2021-02-26

Verified

I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.

Josh Katz

2021-02-24

Verified

Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.

L.C.

2021-02-24

Verified

I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.

AnnMarie Soliman

2021-02-23

Verified

I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!