Complete Overview of Witness Tampering Offenses in New Jersey
NJ Witness Tampering Defense Attorney
At The Tormey Law Firm, our criminal defense attorneys have successfully handled countless criminal cases against our clients across New Jersey. We know that often, meticulously scrutinizing the evidence can shut down or undermine the prosecutor’s case. We seek to find any weaknesses, inconsistencies, or evidence obtained illegally. Our defense lawyers also review the individual circumstances to find ways to show that your actions were misconstrued and that you had no intention of influencing a witness. If there is not a viable path to getting the charges dismissed entirely, we seek alternatives to minimize the consequences of the charges you are facing. No matter what, we are always in your corner, working hard to protect your rights. If you have been charged with witness tampering in New Jersey, contact us 24/7 at (201)-556-1570 for a free consultation about your case.
Meaning of Witness Tampering under New Jersey Law: N.J.S.A. 2C:28-5
According to N.J.S.A. 2C:28-5, a person can commit witness tampering in several ways. Someone who pressures a witness through intimidation by coercing, harassing, or threatening them is committing witness tampering. If the witness is encouraged to provide false testimony or omit information important to the case, it is considered tampering. Another component of witness tampering is impeding or dissuading someone from appearing in court or working with the police. Lastly, offering a witness something in exchange for their silence is illegal. The bribe could be money, other goods, or higher positions in the public or private sector.
Two principal elements must be proven beyond a reasonable doubt to convict an individual of witness tampering under N.J.S.A. 2C:28-5(a). The defendant must surmise an investigation regarding whether their possible criminal activity is occurring or whether an investigation is forthcoming. They must purposefully influence the witness to give false accounts, withhold evidence or testimony, evade summons to testify, or avoid participation in any part of the investigative process by obstructing, delaying, preventing, or impeding the proceedings. Witnesses can be charged with tampering by requesting or taking a bribe from the defendant. Retaliation against witnesses or informants resulting in harm under N.J.S.A. 2C:28-5(b) can occur by use or force or threat, or in the absence of force or threat of force, to “pay back” or “get even” with a witness or informant.
Spectrum of Severity for Tampering with Witnesses and Informants Charges in NJ
Witness tampering in the 3rd degree covers acts of retaliation, taking a bribe as a witness, or offering a bribe to a witness without violence or threats of violence. If violence or threats of violence are used, the charge is in the 2nd degree. The penalties for a third degree witness tampering charge include 3 to 5 years in prison and up to a $15,000 fine, while those for a second degree witness tampering offense include 5 to 10 years of incarceration and up to a $150,000 fine. When witness tampering is related to a violent crime or causes severe bodily injury, it is a first degree offense with a fine of up to $200,000 and a prison term ranging from 10 to 20 years. Some examples of these crimes are murder, certain forms aggravated assault, vehicular homicide, racketeering, extortion, sexual assault, robbery, aggravated sexual assault, kidnapping, and carjacking.
It is valuable to note that all sentences for witness tampering must run consecutively with any related criminal sentences. Therefore, if a defendant is found guilty of third degree arson and given a 5-year sentence, a conviction for third degree tampering would add up to 5 years to their prison time.
Insights and Implications of State v. Hill for NJ Witness Tampering Cases
State v. Hill N.J. (087840) (2024) (A-41-22) challenged the breadth of the witness tampering law in New Jersey. A.Z. was carjacked in 2018. She identified the defendant, William Hill, in a lineup and said she was 80% certain that he was her assailant. Before the trial, Hill sent A.Z. a letter wishing her well and asking her to rescind her testimony if she had any doubts about him being the culprit. A quote from his letter reads, “If it’s me that you’re claiming as the actor of this crime without a doubt, then disregard this correspondence. Otherwise, please tell the truth if you’re wrong or not sure 100%.”
A.Z. was terrified because even though the message appeared benign, she felt he was intimidating her by showing her he knew her address. The prosecution charged Hill with witness tampering. In the trial, portions of the letter were shown to the jury, and they found Hill guilty, tacking on an additional 3 years to his 12-year sentence for carjacking. Initially, the Appellate Division upheld the witness tampering conviction, stating that the statute was not unconstitutionally overbroad. However, the case later made its way to the New Jersey Supreme Court for a decision. The court agreed with the Appellate Court’s holding that the statute itself in not constitutionally overbroad on its face, but they reversed the witness tampering application in Hill’s case specifically, reversing and remanding the case for further proceedings.
Practical Examples of Witness Tampering in Action
The New Jersey courts view witness tampering as compromising the justice system’s integrity by leading to false testimony or silencing victims of crimes. Suppressing evidence provided by witnesses could be crucial to obtaining a guilty verdict. The ethical management of witness testimony is crucial for fair trials. Because public trust in the judicial process is necessary, witness tampering could discourage individuals from reporting crimes or providing valuable testimony. As such, the criminal justice system takes this type of conduct very seriously. However, the lines are always somewhat blurred as it relates to what, indeed, constitutes tampering with a witness or informant. To better understand these charges, it can be helpful to view some examples.
Case Example 1
A young woman has accused her uncle of stealing several thousand dollars from her college fund by hacking into her account while she was abroad in Europe. Before the trial, her uncle called and messaged her several times daily, imploring her not to testify and saying it was a misunderstanding. At first, his calls were benign enough, but as the trial date approached, he began to make threats and send her gruesome pictures of dead animals, implying that he would harm her pets if she testified. She had already blocked his number, but he would borrow a phone from a friend or buy a “burner phone” that couldn’t be traced. He could be charged with witness tampering.
Case Example 2
A man was walking home from the mall when he was suddenly abducted by three men and thrown into a van. His family was well off, and the kidnappers demanded a hefty ransom. The police could track his location through his cell phone, and he was rescued shortly thereafter. As the trial was nearing, he and his family began to receive threatening letters warning him not to testify. Someone spray-painted a perceived death threat against him one night across the garage door. Perhaps by examining the can of paint, police traced fingerprints to one of the offenders, and after a thorough investigation, all three were charged with witness tampering.
Facing Witness Tampering Charges in NJ? Protect Your Future with Help from our Zealous Defense Lawyers
If you have been charged with witness tampering or have questions regarding another charge, now is the time to contact our attorneys at The Tormey Law Firm and assemble an air-tight defense. Our criminal defense firm serves clients throughout New Jersey, including in Atlantic, Bergen, Morris, Passaic, Union, Essex, Hudson, Middlesex, Monmouth, Somerset, and other counties. We understand that this is a tremendously stressful time, and our criminal defense lawyers are passionate about presenting your case in the best possible light. Contact us today at (201) 556-1570 for immediate assistance. Consultations with our team are always provided free of charge.
