What is Witness Tampering Under New Jersey and Federal Law?

Witness tampering is a federal and state crime in New Jersey, generally categorized as obstruction of justice. It refers to various acts an offender or his/her associates takes against a witness designed to prevent the witness from testifying, testifying truthfully, or otherwise presenting evidence.

Witness tampering is a serious crime potentially punishable by up to 30 years in prison. If you’ve been charged with witness interference under 18 U.S.C. § 1512 or N.J.S.A. 2C:28-5, immediately invoke your right to an attorney and contact experienced defense lawyer Peter Katz online or at (609) 849-3179.

Defining Tampering with a Witness, Victim, or Informant in New Jersey

Witness interference is a broad crime that can impact both the accused and his friends and family. Under federal and state law, witness tampering occurs if an individual takes any of the following actions to prevent the victim, witness, or informant from providing evidence or testifying truthfully:

• Murders
• Threatens physical force or harm
• Bribes
• Intimidates
• Harasses
• Persuades
• Misleads

Anyone, not just the defendant, may be charged with witness tampering in New Jersey. If you engaged in the above actions with the intent to hinder the witness’s attendance at a hearing, production of evidence, truthful testimony, or communication with the court or law enforcement officials, confidentially contact an experienced NJ witness interference defense lawyer to discuss potential penalties and available defenses.

Consequences of NJ Witness Interference Convictions

The penalties for witness tampering depend on the nature of the interference. For example, attempting to murder a witness to prevent testimony under 18 U.S.C § 1512(a) is punishable by up to 30 years in prison, and even threatening to use physical force against a witness is punishable by up to 20 years in prison. Harassing a witness, however, resulting in delayed or hindered testimony, is punishable by up to 3 years in prison.

New Jersey state law carries similar penalties depending on the nature of the underlying interference. Tampering convictions can also make offenders ineligible for parole, result in six-figure fines, and allow prosecutors to request certain unfavorable inferences at the related criminal trial.

Defenses to NJ Witness Tampering and Retaliation Charges

Charges of tampering with the victim’s or other witnesses’ testimony require prosecutors to prove that you unlawfully interfered with the witness for the purpose of preventing his or her truthful testimony or production of evidence. Threats made in anger without the underlying intent, especially if they did not prevent the witness from testifying, should not support tampering charges. Likewise, asking the witness to provide only truthful testimony and making legal threats in the event of false testimony should not constitute witness tampering.

New Jersey Witness Interference and Tampering Defense Lawyer

At the Law Offices of Peter Katz, we’ve seen firsthand how Facebook messages, texts, and voicemails often lead to witness tampering charges. Even pleading with a witness not to testify can be enough to support federal or state indictments.

Obstructing justice by interfering with victims, witnesses, or informants in New Jersey is a serious crime that requires the help of an experienced NJ defense attorney. Contact Peter Katz immediately at (609) 849-3179 or online to schedule a confidential defense consultation.