Judges and prosecutors really like to hammer folks who are convicted or plead guilty toIntimidation and Retaliation Against Witness Victim or Party charges in PA. They believe that these type of charges are damaging down to “the roots” of the criminal justice and legal system. If you ever want to see a DA off their rocker, watch this charge go forth in court. Don’t be a scapegoat. Fight back.
When people ask “Who are the best Intimidation and Retaliation Against Witness Victim or Party charges in PA?” The answer is clear: “The McShane Firm.” For nearly 20 years your friends, family members and neighbors have trusted us. When you need the best criminal defense attorney, contact us.
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The McShane Firm is hands down the best criminal defense and DUI defense firm in Central PA. I have worked with them and have referred many others. They not only use the law but modern science and technology to resolve your case. Don’t fall for the goofy commercials with catchy jingles!! These men and women are the ture professionals you not only want, but NEED on your side. 5 stars aren’t enough!!
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The Law:
You can read the exact statutes here:
18 § 4952. Intimidation of witnesses or victims.
18 § 4953. Retaliation against witness, victim or party.
What you need to know…
The government at all times has the burden of production and persuasion. What does that mean? It means that you can literally not say a word in trial and win your case. You start out not guilty because of the presumption of innocence. That means that just by being charged by the government doesn’t mean jack squat. Instead, the government must bring to trial admissible, credible and enough evidence to in fact prove you guilty beyond a reasonable doubt. It’s like climbing Mount Everest. Many say that they want to, but few reach the top. The same is true with the government’s accusations. They may want to prove you guilty. They might really really think you are. But often times with the right attorney they come up short just like 95% of the hikers who try to summit Mount Everest.
The elements of the crime
The law says that the government has to not only bring the evidence and enough evidence to prove you guilty but that they have to prove all parts of the law. If they prove one part with proof beyond a reasonable doubt or even to 100% certainty, they still have to prove all the other parts. Otherwise, you remain not guilty.
Here is a list of the elements of § 4952. Intimidation of witnesses or victims.
- the accused
- with the intent to or with the knowledge that
- his conduct
- will obstruct, impede, impair, prevent or interfere with the administration of criminal justice,
- intimidates or attempts to intimidate any witness or victim to:
- Refrain from informing or reporting to any law enforcement officer, prosecuting official or judge concerning any information, document or thing relating to the commission of a crime.
- Give any false or misleading information or testimony relating to the commission of any crime to any law enforcement officer, prosecuting official or judge.
- Withhold any testimony, information, document or thing relating to the commission of a crime from any law enforcement officer, prosecuting official or judge.
- Give any false or misleading information or testimony or refrain from giving any testimony, information, document or thing, relating to the commission of a crime, to an attorney representing a criminal defendant.
- Elude, evade or ignore any request to appear or legal process summoning him to appear to testify or supply evidence.
- Absent himself from any proceeding or investigation to which he has been legally summoned.
Maximum Penalties for § 4952. Intimidation of witnesses or victims
This is where there is some controversy. The basic crime is a misdemeanor of the second degree (M2).
All M2s have a maximum penalty of jail not more than two years and a maximum fine of $5000.00.
But with a misdemeanor conviction there is just so much more to worry about. In truth, jail is temporary. The conviction and its consequences are permanent. You must consider Misdemeanor Conviction Consequences in Pennsylvania.
You need to be aware that there is currently debate around the grading of this offense. Can the government ever obtain an enhanced maximum and change in the grading to a Felony based upon additional sentencing facts not proven to a jury beyond a reasonable doubt? The difference between a felony and misdemeanor is huge.
Arguments against it being a felony charge
Here are the circumstances and facts that allow for the possibility of enhancing the maximum to a felony.
The offense is a felony of the degree indicated in paragraphs (2) through (4) if:
(i) The actor employs force, violence or deception, or threatens to employ force or violence, upon the witness or victim or, with the requisite intent or knowledge upon any other person.
(ii) The actor offers any pecuniary or other benefit to the witness or victim or, with the requisite intent or knowledge, to any other person.
(iii) The actor’s conduct is in furtherance of a conspiracy to intimidate a witness or victim.
(iv) The actor accepts, agrees or solicits another to accept any pecuniary or other benefit to intimidate a witness or victim.
(v) The actor has suffered any prior conviction for any violation of this section or any predecessor law hereto, or has been convicted, under any Federal statute or statute of any other state, of an act which would be a violation of this section if committed in this State.
(2) The offense is a felony of the first degree if a felony of the first degree or murder in the first or second degree was charged in the case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(3) The offense is a felony of the second degree if a felony of the second degree is the most serious offense charged in the case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
(4) The offense is a felony of the third degree in any other case in which the actor sought to influence or intimidate a witness or victim as specified in this subsection.
Pick the wrong attorney and suffer for your life…
It is vital that you pick an attorney who will raise and litigate the argument that this is unconstitutional. Because the Felony Conviction Consequences in Pennsylvania are much harsher and the sentencing also is much harsher.
- All F1s have a maximum penalty of jail not more than 20 years and a maximum fine of $25000.00.
- F2s have a maximum penalty of jail not more than 10 years and a maximum fine of $25000.00
- All F3s have a maximum penalty of jail not more than seven years and a maximum fine of $15000.00.
Again, this is if the worst thing happens. We make sure the worst doesn’t happen. Let’s see how we can fight and beat the government, ok?
Here is a list of the elements of § 4953. Retaliation against witness, victim or party.
- the accused
- harms another
- by any unlawful act or
- engaged in a course of conduct or repeatedly committed acts which
- threaten another in retaliation
- for anything lawfully done in the capacity of witness, victim or a party in a civil matter.
Maximum Penalties for § 4953. Retaliation against witness, victim or party.
This is either a M2 or an F3. The same controversy still surrounds whether or not the government can ever enhance the maximum penalty of this crime to a felony when the required sentencing facts are never put before the jury to be proven beyond a reasonable doubt.
According to the law as it is written is an F3 when
- (i) The actor employs force, violence or deception, or threatens to employ force or violence, upon the witness or victim or, with the requisite intent or knowledge upon any other person.
- (ii) The actor offers any pecuniary or other benefit to the witness or victim or, with the requisite intent or knowledge, to any other person.
- (iii) The actor’s conduct is in furtherance of a conspiracy to intimidate a witness or victim.
- (iv) The actor accepts, agrees or solicits another to accept any pecuniary or other benefit to intimidate a witness or victim.
- (v) The actor has suffered any prior conviction for any violation of this section or any predecessor law hereto, or has been convicted, under any Federal statute or statute of any other state, of an act which would be a violation of this section if committed in this State.
