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Tampering with a witness is a very serious federal crime that involves using intimidation, physical force, or threats with the intent to influence, delay, or prevent a witness from testifying in court. Tampering with a witness can carry serious consequences, ranging from lengthy incarceration time to probation to immigration consequences.
Examples of tampering with a witness include killing a witness to prevent their testimony, threatening to harm a witness to prevent their testimony, or simply trying to persuade them from testifying in a federal investigation or criminal case.
If you believe you or your loved one is being investigated for tampering with a witness it would be prudent to contact a federal criminal defense attorney to represent you on this serious charge and, if you are not a United States citizen, you may need an immigration attorney as well. At Hubbs Law Firm, we handle both criminal defense and immigration law. Our Miami crimes against the government defense lawyers are here to fight for you and your rights.
Put Our Extensive Trial Experience & Expertise on Your Side
If you were arrested for tampering with a witness in Miami or anywhere throughout Florida, Hubbs Law Firm can help. Our attorneys, E.J. and Erika Hubbs, have substantial experience in criminal law. As former prosecutors, they had the opportunity to gain invaluable experience in trial. In addition, E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar. This certification held by less than 1% of the attorneys in Florida.
At Hubbs Law Firm, we handle all types of federal crimes, including tampering with a witness, in Miami-Dade County, South Miami, North Miami, Homestead, Hialeah, Miami Gardens, Kendall, Fort Lauderdale, Key West, and West Palm Beach, as well as other cities and areas in Florida.
Elements of Tampering with a Witness
Tampering with a Witness can be charged under 18 U.S.C. 1512.
To be found guilty of tampering with a witness, the government must prove the following elements beyond a reasonable doubt:
- The defendant knowingly used “physical intimidation, force, or threats” with the intent to influence, delay, or prevent the witness’s testimony of a witness who was scheduled to testify in Federal court
Tampering with a witness could also be prosecuted as obstruction of justice under 18 U.S.C. 1503.
Penalties for Tampering with a Witness
Under federal law, if a defendant is convicted for Tampering with a Witness, he faces the following possible incarceration:
- Subject to penalties for U.S.C. 1111 and 1112, if the offense involved the actual killing of a witness;
- 0-30 years, if the offense involved attempted murder or the use of force or attempted use of force against a witness; and
- 0-20 years, for any other intentional act constituting tampering with a witness.
In addition to incarceration, a defendant could receive probation, fines, civil penalties, and, for non-U.S. citizens, may subject them to removal from the United States.
We Are Prepared to Aggressive Advocate for You
If you were charged with tampering with a witness in Miami or anywhere throughout the surrounding areas, you should contact a qualified, experienced federal criminal defense attorney. At Hubbs Law Firm, your first consultation is always free for criminal defense cases.
Call us at (305) 570-4802 today to schedule your free consultation with our Miami federal criminal defense attorneys.
- District Court for the Southern District of Florida – Find information for every court location in the Southern District of Florida, attorney information, judge information, and case information.
- Federal Bureau of Investigations (FBI) – The FBI is the federal law enforcement agency in charge of enforcing numerous federal crimes including terrorism, counterintelligence, cybercrime, civil rights violations, corruption, organized crime, white collar crime, violent crime, and more.
- United States Marshalls – The United States Marshalls are the law enforcement agency in charge of enforcing orders of federal courts in the United States. This includes providing security in the courtroom and executing fugitive warrants.
- Bureau of Justice Statistics – Find information on statistics for all types of crimes, including arrests and convictions for tampering with a witness.
Attorneys E.J. & Erika Hubbs
As professional Miami criminal defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you.
Personal and ResponsiveMark Miller
Very efficient with a very caring and personal touchDr. Rajiv B
Erika was so amazing in the courtroom that somebody asked for her business card as soon as we walked out of the courtroom.Gabriela