Last Updated on: 27th July 2023, 04:33 pm

What’s The Big Deal About New York Witness Tampering Charges?

Look, you don’t want to mess around when it come to witness tampering charges. Here, in the Empire State, we have state prosecutors who don’t think twice about charging folks who try to mess with a witness’s right to testify at trial. Heck, we’ve got four different types of witness tampering charges, all with differing levels of intensity and the penalties? You don’t even want to talk about those.

Let’s Break Down Tampering with a Witness in the Fourth Degree

Okay, let’s start easy. Tampering with a Witness in the Fourth Degree is the least severe of the bunch. You can look up New York Penal Law Section 215.10 for all the legal mumbo jumbo, but here’s the crux of it: Prosecutors need to prove that you knew someone was going to be a witness and you tried to get them to either skip out or make up stories. And just so you’re clear, a witness can be a player in someone else’s story too.

What’s at stake?

This is a Class “A” Misdemeanor, pal. That could mean a year in the slammer, probation, or conditional discharge, depending on how the dice roll. Oh, and let’s not forget the damage it can do to your other criminal proceedings.

What About Tampering with a Witness in the Third Degree?

It’s notch up from the Fourth Degree and comes with its own baggage. Think of it as the Fourth Degree charge on steroids. It’s a Class “E” Non-Violent Felony, and the stakes get higher here because you’re not just trying to get them to make up stories, but you’re also scaring witnesses into thinking they’ll get hurt if they testify.

Moving Up to Tampering with a Witness in the Second Degree

Boy oh boy, this one’s a doozy. New York’s Penal Law Section 215.12 brings us Tampering with a Witness in the Second Degree, which is a Class “D” Non-violent felony. The thing that stands out here is it’s not just about scaring a person, it’s about hurting a person so they won’t testify or will testify falsely.

The Biggie: Tampering with a Witness in the First Degree

Now we’re talking about the grand poobah of witness tampering charges here in New York. Tampering with a Witness in the First Degree is the most severe, sitting tall as a Class “B” Non-violent Felony. Now, not only are we talking about causing harm, we’re talking about causing serious injury.

What The Heck Does All This Mean For You?

Todd Spodek and the team at Spodek Law Group know you’re probably scratching your head wondering about all the “what ifs” and “buts.” So, here’s a little rundown on some of the more common questions.

How Much Time Do I Got To Fight The Charge?

Technically, you’ll be looking at a Statute of Limitations between three or five years for witness tampering charges, depending on the severity of the charge. But let me tell ya, this isn’t a hard and fast rule, some unique circumstances might hit the pause button on these time frames.

What If I’m Already Facing Other Charges?

Here’s where daisy chain of consequences kick in. If you’ve been accused of witness tampering and if the DA can prove you made a crucial witness unavailable for the trial, they’ll haul you into a Sirois hearing. Over there, they’ll basically be arguing that they deserve to use your witness’s Grand Jury testimony in your trial since you mucked things up by tampering. If they succeed, that testimony will strut into court without you getting to cross-examine. Ouch.

Well, What Now?

Easy, tiger. Witness tampering charges in New York are, without a doubt, a pain in the butt. Be it the lowest tier, the Fourth Degree, or the mammoth, the First Degree, you should immediately reach out to Todd Spodek or one of his peers at the Spodek Law Group.

Every charge has its own elements, some more severe than others. Therefore, figuring out the monster you’re battling against is mission critical, and that’s where the fine folks at Spodek Law Group come in, with legal representation tailored to you.

Facing witness tampering charges might feel like the end of the world, but you’re not alone. It’s crucial to understand the impact of these charges and, with the right legal representation from Todd Spodek and the Spodek Law Group, you can fight back to secure the best possible outcome for your case. Trust me, with all you’re up against, that’s what you need right now.