What Is Witness Tampering?

Any attempt to interfere with or prevent the testimony of a witness is witness tampering, also sometimes called witness intimidation. Witness tampering or witness intimidation is prohibited both in criminal cases and also in civil cases. Engaging in this type of behavior in a civil case can turn a civil case into a criminal case very quickly. Tampering with a witness can result in a state charge or a federal charge in criminal court. Both charges carry with them very severe penalties because witness intimidation or witness tampering can have a profound impact on criminal and civil cases. Prosecutors closely monitor the activities and behaviors of witnesses in criminal cases to ensure that there is no undue influence on their testimony and they will immediately investigate any suspected intimidation or tampering with the witness.

What Actions May Cause Someone To Get Charged With Witness Tampering In Texas?

Witness tampering in Texas is governed by the Texas Penal Code. It states that a person commits the offense of tampering with a witness if with the intent to influence the witness, he or she offers, confers, or agrees to confer any benefit to the witness, or if he or she coerces a witness or a prospective witness in an official proceeding to do any one of the following:

• Testify falsely
• Withhold any testimony, information, document, or evidence.
• Obstruct the legal process
• Absent himself from the official proceeding to which he or she has been legally summoned
• Abstain from, discontinue, or delay the prosecution of another

Not only can someone be prosecuted for tampering with a witness, but a witness may also be prosecuted for engaging in the conduct by an agreement if he or she knowingly solicits, accepts, or agrees to accept any benefit with the understanding that they will do any of the conduct listed above. You can’t pay, offer to pay, or offer any benefit to a witness in order to have them alter their testimony, testify falsely, not testify, withhold testimony, not present evidence, or not produce evidence. All of these conducts are considered witness tampering in the state of Texas and the state of Texas takes these cases very seriously and will prosecute them to the fullest extent of the law.

What Are The Penalties For Witness Tampering In Texas?

Tampering with a witness in the state of Texas is generally a third-degree felony. Third-degree felonies are punishable by no less than two years and not more than 10 years in prison, and a fine not to exceed $10,000. In the official proceeding that is part of the prosecution of a criminal case, tampering with a witness case may become the same level of offense as the underlying offense for which the witness was tampered with. If you are tampering with a witness in an unlawful possession of a firearm case, which is normally a third-degree felony, then you may also be prosecuted for a third-degree felony. If the underlying case is a more serious case, like an aggravated assault with a deadly weapon, it elevates the level of punishment that you are facing for tampering with the witness.

If you tamper with a witness in a murder case, you may be facing a first-degree felony penalty of up to 99 years in prison. There is one limit. If it is a capital case, where someone is being prosecuted and the death penalty is being sought, and you tamper with a witness, you will not face the death penalty. They limit the maximum punishment range at 5 to 99 years in prison.

If you are tampering with a witness in a family violence case, it is either a third-degree felony or the most serious offense charged in a criminal case. If the underlying proceeding involves family violence and it is shown at trial that the alleged offender has previously been convicted of an offense involving family violence, it will increase of the punishment range from a third-degree felony up to a second-degree felony.

If you have previously been convicted of domestic violence and then you are charged with tampering with a witness, if you get convicted of that tampering with a witness, instead of the typical two to three years, you are looking at two to 20 years in prison.

For more information on Witness Tampering Charges In Texas, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (512) 478-9898 today.