Fort Myers Criminal Defense Lawyers Describe How to Beat Witness Tampering Claims
Being accused of witness tampering can lead to serious criminal charges. As Fort Myers criminal defense lawyers, we often help clients who are facing allegations of trying to influence or prevent a witness from testifying. While these charges should be taken very seriously, there are often viable defenses that can lead to acquittal or reduced penalties.
What Constitutes Witness Tampering?
Under Florida statute 914.22, witness tampering occurs when someone knowingly uses intimidation, physical force, threats, persuasion, or offers of money to influence a witness’s testimony or prevent them from testifying. Some examples could include:
- Threatening to harm a witness or their family if they testify
- Promising a witness money or other benefits to either testify falsely or refuse to testify
- Withholding important information from a witness to impact their testimony
- Destroying or hiding evidence to prevent a witness from testifying fully or accurately
Witness tampering charges can lead to second or third-degree felony convictions. This means substantial fines and years in prison. With so much at stake, building an aggressive defense is critical.
Examining the Strength of the Prosecution’s Case
The first thing our Fort Myers defense lawyers do is scrutinize the prosecution’s accusations and evidence. Police and prosecutors often move quickly to charge witness tampering without thoroughly investigating the facts. We dig deeper to determine:
- Is there solid proof the communication with the witness was intended to improperly influence them?
- Can benign explanations account for the interaction instead?
- Are there credibility issues with the witness that could undermine the tampering claim?
- Does the prosecution have communications, recordings, or witnesses confirming improper conduct occurred?
If the available evidence leaves room for doubt about intent or wrongdoing, we can argue reasonable doubt exists and our client should be acquitted. Sloppy investigative work or reliance on questionable witnesses by the prosecution can undermine the state’s case as well.
Using Affirmative Defenses to Seek Dismissal or Reduced Charges
Florida law also allows several affirmative defenses that could lead to reduced or dismissed charges. Two common defenses we utilize in witness tampering cases include:
Lack of Knowledge
If we can show our client was unaware a relevant legal proceeding was ongoing or likely to occur, they cannot be convicted of witness tampering under Florida law. Timing is critical, as charges often stem from interactions with potential witnesses before they have been subpoenaed or deposed. Demonstrating the accused didn’t know a legal matter was underway or imminent can defeat allegations of tampering.
Statements of Truth
The law also allows communicating true factual statements to potential witnesses. While threatening or bribing witnesses is illegal, providing them with truthful information relevant to a legal proceeding is not witness tampering. We thoroughly investigate communications to argue they contain only factual statements not intended to improperly influence testimony.
Negotiating Plea Agreements
When the evidence clearly shows improper witness contact occurred, negotiating a plea bargain is often the best route to avoiding lengthy prison time. An experienced negotiator can potentially get charges reduced or agree to lighter sentencing recommendations. This provides our client certainty about penalties they will face.
We may also agree to restraining orders preventing further witness contact or other conditions that demonstrate our client poses no future threat. Admitting fault and expressing remorse can also help secure better plea terms from judges.
What If I’m Facing Witness Tampering Charges?
Being accused of witness tampering leads to frightening uncertainty and severe penalties if convicted. But working with an aggressive defense lawyer knowledgeable about Florida law often opens avenues for reduced or dismissed charges. Don’t hesitate to contact us for experienced representation – we’re ready to start building your defense today.
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