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Massachusetts Witness Intimidation Lawyer

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Massachusetts Witness Representation Attorney

Witness intimidation is a serious felony charge that you can receive in Massachusetts. The consequences of a conviction may have long lasting effects, even for your entire life. At Ellison Law LLC, we believe that it’s important that you understand and recognize your rights so you can take the most proper steps that will help if you are charged with Witness Intimidation.

It’s vital that you understand what the crime of Witness Intimidation is, the penalties, what happens if you get convicted and how Witness Intimidation potentially affects the legal system. If you ever receive a Witness Intimidation charge or a different criminal charge, you can contact our Massachusetts Witness Intimidation lawyers today.

best massachusetts witness intimidation lawyer

What is Witness Intimidation in Massachusetts?

In Massachusetts, Witness Intimidation has a very broad definition but in essence it is any action intended to threaten, cause injury to, promise something of value to, mislead, intimidate or harass someone that is involved in a legal case. It includes all witnesses, not just victims. It also can be jurors, law enforcement officers, judges, court officials or even the family members of any of these individuals.

You could be charged with Witness Intimidation for your direct actions like making direct threats to people involved in the case. You could also be charged with this if you’re indirectly doing actions like misleading or encouraging someone not to cooperate with a criminal investigation, criminal proceeding or a civil proceeding. An example is asking someone not to report a crime, telling them not to report something to police or asking them not to show up to court against you.

You can also be charged with Witness Intimidation at any stage of the legal proceeding and it can extend to criminal investigations, hearings, trials or other types of legal procedures. The reason why there’s a broad language for Witness Intimidation is for the prosecutors to have a broad approach to prosecute someone who is attempting to influence, threaten, harass or retaliate against someone involved in a legal proceeding.

Who is considered a Witness in Massachusetts for the Witness Intimidation Statute?

The Witness Intimidation statute, M.G.L. c. 268, § 13B, has a broad definition of a witness, it actually lists out a few categories of people who are protected under the law, not just witnesses. They are the following:

(A) a witness or potential witness;

(B) a person who is or was aware of information, records, documents or objects that relate to a violation of a criminal law or a violation of conditions of probation, parole, bail or other court order;

(C) a judge, juror, grand juror, attorney, victim witness advocate, police officer, correction officer, federal agent, investigator, clerk, court officer, court reporter, court interpreter, probation officer or parole officer;

(D) a person who is or was attending or a person who had made known an intention to attend a proceeding described in this section; or

(E) a family member of a person described in this section

This is a list that encompasses a lot of people. The law is written in a way to protect as many people as possible who could potentially be involved in a legal proceeding.

What Are The Penalties For Intimidating a Witness in Massachusetts?

Witness intimidation is a serious felony offense in Massachusetts, and the penalties under M.G.L. c. 268 §13B can be harsh. If convicted, a person may face:

  • Up to 10 years in a state prison;
  • Up to 2.5 years in a house of correction (jail);
  • Fines up to $5,000;
  • A felony conviction on your record;
  • Potential probation

Massachusetts takes witness intimidation charges very seriously to uphold the fairness of the justice system. It’s important to understand that, even if you don’t go to jail, you could be facing a felony conviction, which can affect other aspects of your life, such as, employment, housing and professional licensing

What Are Some Legal Defenses To Witness Intimidation in Massachusetts?

A criminal defense attorney in Massachusetts can use some legal defenses to fight the accusation of witness intimidation. In a criminal case, the prosecution must prove that you’re guilty beyond a reasonable doubt.

One defense is the lack of intent. If you didn’t willfully try to influence or threaten anyone that is involved in a legal case, this could be a potential defense. Another defense is if the prosecution doesn’t have enough evidence to prove the elements of the alleged crime.

There could also be a mistaken identity, meaning that you weren’t the person who committed this charge. There’s also a lack of knowledge defense where you were unaware that the person who you interacted with was an active participant of the legal case.

Each case is different, and an experienced Massachusetts Witness Intimidation lawyer can help spot potential defenses in your case.

Can a Witness Intimidation Victim Drop the Charges in Massachusetts?

In Massachusetts, once you receive a witness intimidation charge, it’s not up to the alleged victim to drop the charges, instead it is up to the prosecution. The prosecution is the lawyers for the government. Even if the alleged victim doesn’t want to keep pursuing the charges, the prosecutors have the discretion to continue prosecution or dismiss the charges. Prosecutors take witness intimidation charges very seriously to protect the overall justice system.

Does Witness Intimidation Apply in Domestic Violence Cases?

Witness intimidation charges commonly arise in domestic violence cases in Massachusetts. There are many times when a person is charged with Assault and Battery on a Family/Household member and also charged with Witness Intimidation from the same incident. This can happen when you discourage the alleged victim from contacting police, like taking the phone away during an argument when they are trying to call the police. There is also a common scenario when a person tells the alleged victim of domestic violence to “drop the charges” or tells them not to come to court to testify. Even if the underlying domestic violence charge is not a strong case against you, prosecutors can still aggressively pursue a witness intimidation charge under M.G.L. c. 268 §13B. These cases can involve a lot of emotions, which is why having a Massachusetts Witness Intimidation lawyer is important.

Can Text Messages or Taking a Phone Count as Witness Intimidation in Massachusetts?

Yes, both text messages and physically taking someone’s phone can potentially lead to a charge of witness intimidation in Massachusetts. Under M.G.L. c. 268 §13B, any action intended to threaten, cause injury to, promise something of value to, mislead, intimidate or harass a witness, victim, or someone involved in a criminal investigation could qualify as witness intimidation. For example, sending a message that pressures someone not to cooperate with the police or not to come to court to testify could be considered witness intimidation. Although it might not seem to you like you did much, these actions are often used as the basis for felony charges, even if no physical harm occurred.

What Should I Do if I Receive a Witness Intimidation Charge in Massachusetts?

If you receive a witness intimidation charge in Massachusetts, you do not have to fight the charges alone, you can contact an experienced criminal defense attorney, like the Massachusetts Intimidation lawyers at Ellison Law LLC, who have helped many clients who received witness intimidation charges. Contact us today to see how we can help you navigate through this.

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Hands down the best. Via Google

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My first experience ever needing representation: David was engaged, responsive, and above all else empathetic to my situation. Many times I was frustrated with the process, David was there to lend an ear and offer…

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We had a great experience working with David Ellison. He was personable, flexible, easy to work with, competent, knowledgeable, responsive and trustworthy. We contacted him on a Friday about a traffic tribunal trial on Monday…

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David has represented me on a few things, and every time he has made me feel comfortable, safe, he reassured me that It was going to be okay. He is a great lawyer, I'm so…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"I hired Attorney David Ellison to represent me on a traffic violation. My license was at risk of suspension and he immediately recognized the impact this would have on me personally and professionally. I was…

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David represented me when I got hit by a drunk driver. He went after the drunk driver and got my medical bills paid, money for my pain and suffering and compensation for the damage to…

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"David worked so hard on my case and really kept pushing for what I deserved! I can't thank him enough for always keeping me up to date and the great communication throughout this process. David…

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"Thank you attorney Allison and attorney David Ellison for their diligent work on my case. I had received a traffic violation in the State of RI and she kept me informed throughout the entire process.…

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"Attorney David Ellison was so helpful throughout the ENTIRE process of my traffic ticket case. He was so consoling and made everything understandable for me. Any questions or help that I needed even AFTER everything…

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"I had the pleasure of being represented by Allyson Quay last month. What would normally have been a stressful experience was made much easier thanks to her assistance. She is confident, reassuring and very knowledgeable.…

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After being wrongly accused of a crime (OUI Marijuana), Mr. Ellison was appointed to be my lawyer by a judge. He fought daily to prove my innocence in court, was always available to talk to…

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Dave spent almost a year working with me to help resolve my case in my favor. From the start the outlook was rather grim, however Dave assured me that we had options, and we would…

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"I had the pleasure of being represented by David Ellison. He patiently and carefully listened to all the information related to my case. He explained everything to me in a way I could easily understand…

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David Ellison helped me get all legal documents together for my LLC. He was extremely time efficient and always friendly. I am very new to the small business world but he made everything super easy…

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"Best lawyer for traffic citations. He will do the most in his power and efforts to see you are much better off than going into battle alone. He is honest and didn't sell me a…

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I cannot express my utmost gratitude and overall Appreciation to Allyson Quay of David Ellison law. I contacted a family lawyer who referred me to a former law school colleague. Unsure of whether or not…

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- Cares About His Clients

"I am compelled to express my profound gratitude to attorneys Allyson Quay and David for their exceptional legal representation that resulted in the successful dismissal of my recent traffic court ticket. Their expertise, dedication, and…

- Exemplary Legal Representation: A Grateful Client’s Journey with Ellison Law’s Dedication, Expertise, and Compassion

Takes his job and his role in society very seriously and actually puts the work in for his clients and does not settle for less. He told me what he was going to do for…

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"Allyson Quay at this firm was amazing. She took care of a traffic summons for us and it was painless. We live far from where the summons was given. She was speedy and efficient and…

- Efficient and Kind Legal Assistance

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225 Dyer St 2nd Floor
Providence, RI 02903

Office Locations

161 S main St
Fall River, MA 02721

Providence Office

225 Dyer St 2nd Floor
Providence, RI 02903

Fall River Office

161 S main St
Fall River, MA 02721

Phone: 401-230-5520

Fax: 401-867-2950

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