New Jersey Witness Tampering

Criminal Defense Attorney

Witness Tampering can carry serious penalties, such as, jail or prison time and mandatory consecutive sentences. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Witness Tampering.  

At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves.  If you or a loved one are facing Witness Tampering charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Witness Tampering (N.J.S.A. 2C:28-5)

Witness Tampering: Under N.J.S.A. 2C:28-5(a), a person tampers with a witness if he or she, believing that an official proceeding or investigation is pending, is about to be instituted, or has been instituted, he or she knowingly engages in conduct which a reasonable person would believe would cause a witness or informant to:

• Testify or inform falsely;

• Withhold any testimony, information, documents, or things;

• Elude legal process summoning him or her to testify or supply evidence;

• Absent himself or herself from any proceeding or investigation to which he has been legally summoned; or

• Otherwise obstruct, delay, prevent, or impede an official proceeding or investigation.

Grading of Witness Tampering Offenses

• 1st Degree Offense: Witness tampering is a crime in the 1st degree if the conduct occurs in connection with an official proceeding or investigation involving any crime carrying mandatory 85% to be served without parole (i.e., No Early Release Act offenses) AND the actor employs force or threatens force. 

  • Example: The person is charged with carjacking (a 1st degree offense) and tells the alleged victim “if you testify in court I am going to hurt you.”

• 2nd Degree Offense: Witness tampering is a crime in the 2nd degree if the actor employs force or the threat of force.

  • Example: A person charged with an offense tells a witness “if you don’t go to the police to change your story I am going to hurt you.”

• 3rd Degree Offense: In all other cases, witness tampering is a crime in the 3rd degree. 3rd degree witness tampering does not involve violence or a threat of violence. 

  • Example: The person tells the alleged victim “go to the police and change your story to tell them I didn’t do anything” or “don’t answer the phone when the prosecutor calls” or “don’t come to court to testify.”

Other Witness Tampering Offenses:

• Retaliation Against a Witness or Informant: If a person harms another by an unlawful act with the purpose to retaliate for OR on account of the service of another as a witness or informant.  This offense is a crime in the 2nd degree if the actor employs force or the threat of force, otherwise it is a crime in the 3rd degree.

  
  

• Witness or Informant Taking a Bribe: If a person solicits, accepts, or agrees to accept any benefit in consideration of his or her doing any of the things listed above, then he or she is guilty of a crime in the 3rd degree.

  
  

• Bribery of a Witness or Informant: If a person directly or indirectly offers, confers, or agrees to confer upon a witness or informant any benefit in consideration of the witness or informant doing any of the things listed above. Bribery of a witness or informant is a 2nd degree offense. 

Consecutive Sentence: A sentence on a witness tampering charge must be served consecutively to any other sentence imposed for any other conviction.

Contact a New Jersey Witness Tampering

Lawyer for a Free Consultation

The consequences of a criminal conviction can be devastating.  It can impact employment, housing, finances, education, reputation, and relationships.  Criminal cases are also very complex and highly specialized.  If you or a loved one are facing criminal charges, it is crucial to hire an experienced criminal defense attorney. 

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.