In Massachusetts, intimidating a witness, juror, court official, or law enforcement officer is a serious criminal offense under General Laws Chapter 268, Section 13B. It involves threatening, causing harm, or attempting to interfere with these individuals to influence their participation in an investigation, trial, or proceeding. The penalties can include imprisonment for up to 10 years in state prison, or up to 2.5 years in jail, along with substantial fines. This crime applies to both direct intimidation and attempts to hinder justice or retribution. The charge is treated as a felony.
What is Witness Intimidation in Massachusetts?
In Massachusetts, witness intimidation is a serious crime that affects the fairness of legal proceedings. Intimidation of a witness, police officer, court officer, or any other individual involved in a criminal investigation or trial disrupts the administration of justice. This offense typically involves efforts to:
- influence,
- threaten, or
- harm
a specific person in order to prevent them from cooperating with the legal process. Common scenarios include threatening harm or causing property damage to discourage someone from testifying or participating in a trial.
The law applies broadly, covering various forms of intimidation, from direct threats to more subtle actions like economic injury or emotional distress. Massachusetts General Laws Chapter 268, Section 13B, governs witness intimidation and provides strict penalties for those found guilty. The goal of the statute is to maintain public confidence in the legal system and ensure a fair trial.
Examples of Witness Intimidation in Massachusetts
When we hear the term “intimidating a witness” we usually think of things like threatening someone so they don’t testify against you at trial. And that certainly is witness intimidation. But this law applies in surprising ways.
The most common way this law is used is when you’re accused of taking someone’s phone away from them so they can’t call the police. It often happens in the context of a domestic situation. The allegation is that you assaulted someone, then grabbed their phone so they couldn’t call for help. Now you’re charged with assault and battery on a family or household member as well as witness intimidation. Surprisingly, the witness intimidation charge is the more serious of the two, because it’s a felony.
The use of social media has introduced new ways to intimidate witnesses, such as posting threatening messages or creating false reports to cause substantial emotional distress. A group of persons might act together to harass a specific person, making them fear for their safety or well-being. Any action aimed at influencing a witness, grand juror, or other court personnel can qualify as intimidation, even if it seems minor.
Types of Witness Intimidation in Massachusetts
Witness intimidation in Massachusetts can take many forms, including:
- verbal threats,
- physical harm,
- property damage, or
- economic injury.
Intimidation doesn’t always require a direct threat—attempted persuasion or reckless disregard for someone’s safety also counts. For example:
- making a threatening phone call,
- sending a harmful text message, or
- using social media to cause fear
are all considered intimidation.
Other types of intimidation can include offering a gift to a witness or trying to influence them with promises of financial gain. A group of individuals could also work together to intimidate a potential witness, making it difficult for law enforcement to secure testimony in a criminal case. Witness intimidation charges can arise at any stage of a criminal investigation or trial, including grand jury proceedings and jury selection.
The Legal Standard for Witness Intimidation in Massachusetts
In Massachusetts, the crime of intimidation of a witness, as outlined in Model Jury Instruction 7.360, involves several key elements that the prosecution must prove beyond a reasonable doubt. First, the Commonwealth must establish that you knowingly engaged in behavior intended to:
- influence,
- impede,
- delay, or
- otherwise interfere
with a witness or potential witness in a criminal or civil proceeding.
Second, the prosecution must prove that your actions were directed at someone you believed was a witness, or someone who was about to provide information to law enforcement.
Additionally, it must be shown that you acted with the specific intent to:
- intimidate,
- threaten, or
- harass
the witness. The intimidation can be through:
- physical harm,
- threats, or
- other forms of coercion
aimed at influencing the witness’s testimony or cooperation. If all these elements are met, the defendant may face serious penalties, including imprisonment, for attempting to interfere with the justice system.
Is Witness Intimidation a Felony in Massachusetts?
Yes, in Massachusetts, witness intimidation is classified as a felony. The crime involves any attempt to:
- threaten,
- harm, or
- influence
a witness, juror, or anyone involved in a legal proceeding with the intent to interfere with the justice process. Being charged with witness intimidation can result in serious penalties, including imprisonment and significant fines, as the state views it as a severe offense that undermines the integrity of the judicial system.
Because witness intimidation is a felony, a conviction can lead to long-term consequences beyond incarceration, such as a permanent criminal record, which can affect employment and housing opportunities. The severity of the sentence often depends on the nature of the intimidation and the circumstances surrounding the case. Massachusetts law ensures that those who attempt to obstruct justice through intimidation face harsh consequences to deter such behavior.
Punishments for Witness Intimidation in Massachusetts
In Massachusetts, the punishments for witness intimidation are severe due to the serious nature of the offense. A conviction for witness intimidation can result in imprisonment for up to 10 years in state prison or up to 2.5 years in a house of correction. Additionally, the convicted individual may face substantial fines, ranging up to $5,000, depending on the circumstances of the case.
Beyond prison time and fines, a conviction for witness intimidation can have long-lasting impacts on a person’s life. Having a felony on one’s record can limit future job prospects, housing opportunities, and even voting rights. Massachusetts takes witness intimidation very seriously to protect the integrity of the legal system and ensure that witnesses, jurors, and law enforcement are not influenced or threatened.
Witness Intimidation in Court Proceedings in Massachusetts
Witness intimidation can arise at any stage of a trial, from the early stages of a criminal investigation to a civil action or grand jury proceeding. It can even happen during jury selection when prospective jurors are screened for impartiality. Massachusetts courts have seen numerous witness intimidation cases, and prosecutors take these charges seriously to protect the integrity of court proceedings.
A true witness intimidation case may also affect the sentencing phase of a trial. For example, if intimidation is found to have occurred during the trial for a second-degree murder case, the defendant may face additional charges or a harsher sentence. Witness intimidation can also lead to new trials or overturned convictions if it is proven that the intimidation affected the fairness of the original trial.
What to Do if You Are Accused of Witness Intimidation in Massachusetts
If you are facing witness intimidation charges, it is crucial to understand the severity of the situation. Intimidation can affect any type of criminal proceeding, including juvenile proceedings or minor offenses. Even if the intimidation was unintentional, such as an offhand comment or text message, it could still be prosecuted under Massachusetts law. Defendants should prepare for a criminal complaint and potential criminal charges.
You should contact a lawyer immediately if you’re charged with witness intimidation, or any other crime. As with all criminal cases, you should not speak to the police. You have the right to remain silent, and you should exercise that right. You can only harm your case by speaking with them.
Constitutional Rights and Witness Intimidation
The Sixth Amendment to the United States Constitution guarantees the right to a fair and public trial. Witness intimidation undermines this right by preventing witnesses from testifying freely and without fear. Law enforcement officers and courts work diligently to protect witnesses and maintain the integrity of the legal process.
Witnesses, jurors, and other court officials have the constitutional right to participate in the legal process without fear of retaliation or coercion. Anyone who tries to interfere with this right faces strict penalties under the witness intimidation statute. Massachusetts courts, from the district court to the superior court, enforce these protections to ensure fair trials.
Conclusion
In conclusion, witness intimidation in Massachusetts is a serious felony offense that carries significant legal consequences, including lengthy prison sentences and hefty fines. The state’s strict laws are designed to protect the integrity of the judicial process by ensuring that witnesses, jurors, and others involved in legal proceedings can participate without fear of threats or coercion. Understanding the severity of witness intimidation and the penalties associated with it is crucial for anyone facing such charges, as a conviction can have long-lasting effects on one’s life and future opportunities.
I have been practicing law in Massachusetts since 1995. My focus is in the areas of criminal and family law. I’m dedicated to providing high-quality legal help at an affordable price. I practice throughout Massachusetts. I earned my MBA from the University of Rhode Island in 2023. I earned my JD from New England School of Law in 1994. I earned my BA from Rhode Island College in 1990.