The ability to present witnesses in court is one of the core elements to ensuring fair and transparent trials in the United States. However, there are instances of witnesses being hurt or threatened in order to convince them to testify in the desired manner of the person inflicting the harm. Where a witness cannot testify freely and honestly to the facts of the case, the ability to ensure a fair trial is undermined.

To combat this, many states, including Arizona, have enacted witness tampering laws. These laws seek to prosecute those suspected of having exerted pressure on a witness in regards to their testimony. Because of the seriousness of witness tampering, Arizona has labeled witness tampering as a felony charge, punishable with potential jail time.

If you have been accused of witness tampering in Arizona, defending against the charge will involve a critical analysis of the facts and specific defenses to help ensure the most just outcome.

Witness Tampering Defined

Under Arizona state law, tampering with a witness is fairly straightforward. The law defines witness tampering where a person knowingly communicates with a witness to an official proceeding, or a person who is believed to be called as a witness, and encourages the witness to do any of the following:

• Unlawfully withhold any testimony,
• To testify falsely,
• To absent him or herself from any official proceeding to which he or she has been legally summoned; or,
• To evade a summons or subpoena.

The way in which a person commits witness tampering could greatly vary, but there are certain facts that lend themselves to a witness tampering case. For example:

• The Use of Physical Force: Any use of physical force or confinement which is meant to keep the witness from testifying in a certain manner or testifying at all will likely lead to a witness tampering charge.
• Threats of Physical Force: Words or conduct that suggest a person will be harmed if they do not testify accordingly will make a witness tampering charge more likely. For example, pointing towards a court house or weapon could amount to a threat sufficient for a witness tampering charge.
• Bribes: Bribes, including general persuasion and gift giving, will often lead to a witness tampering charge. A person should be careful in how they interact with witnesses and potential witnesses to avoid any suspicion of bribery.
• Blackmail: A person should not use the threat of disclosure of private information in order to get a witness to testify or not testify. This will amount to witness tampering.

Sometimes, a person may be acting in a manner that others would view as unobjectionable or harmless. However, the court will look to person’s intent to determine if witness tampering occurred. Even what appears to be harmless action may be witness tampering if they were meant to manipulate the witness.

The underlying case need not be criminal in order for there to be a witness tampering charge. For example, witness tampering charges often stem from gang and organized crime, as well as family disputes where someone close to the witness is being accused of tampering. For example, witness tampering charges often arise where one party threatens to sue for child custody or support if the other party does not testify a certain manner.

Tampering with a witness is a Class 6 felony. Class 6 felonies have a minimum jail sentence of half a year and a maximum of two years. Given the seriousness of a witness tampering charge, those accused of witness tampering should readily contact a lawyer for representation.

Influencing A Witness

In Arizona, witness tampering and influencing a witness are similar, but separate crimes. Influencing a witness is a more serious crime, carrying a higher penalty. It occurs where a person intends to threaten or confer a benefit on a witness, or person expected to be a witness, in an official proceeding, to:

• Influence the testimony of that person;
• Induce that person to avoid legal process summoning him to testify; or,
• Induce that a person absent himself or herself from any official proceeding to which he has been legally summoned.

Influencing a witness and witness tampering are very similar. The major difference between each is where someone tampers with a witness, they knowingly communicate their encouragement for false testimony or withholding of testimony by the witness. When influencing a witness one intends to convince the witness to take some action more generally, for example, convincing the witness that the person is of good moral character so they will testify to that fact at trial. If you are confused about your charge for either witness tampering or influencing a witness, it is best to consult a lawyer.

The Arizona legislature considers influencing a witness to be a greater offense, and thus assigns a greater penalty of a Class 5 felony. Class 5 felonies have a penalty of anywhere from a minimum of .75 years to a maximum of 2.5 years.

Federal Crime of Witness Tampering

It should be noted that witness tampering is a federal crime, as well as an Arizona state crime, for which a person may be charged. Under the federal law, a person may commit witness tampering in federal proceedings before Congress, executive departments, and administration agencies, as well as civil and criminal proceedings where they intend to illegitimately alter the evidence, communication, or information to be used. For example, the U.S. Attorney’s Office for the District of Arizona recently sentenced a man to 5 ½ years in prison for witness tampering during an FBI investigation involving international terrorism.

Defenses to Witness Tampering

A person accused of witness tampering will be able to present evidence for why they should not be charged with the crime. Common defenses include that the person was communicating with the witness for truth seeking purposes or that the person lacked the intent to alter the testimony of the witness.

Where a person defends by presenting evidence of truth seeking, they are showing the court that while they did communicate with the witness, their communication was intended to encourage that the witness testify truthfully. Alternatively, a person may show that they lacked the intent to commit witness tampering by presenting testimony and other forms of evidence that speak to their innocent motive.

A person may also defend themselves by proving to a court of law that the communication with the witness never occurred at all. This could be shown in a variety of ways including presenting evidence that the accused person was never present at the discussion with the witness or showing that the accused person never met the witness prior to trial.

Contact an Attorney for Representation

Witness tampering charges are serious felony charges that could lead to serving jail time in Arizona. If you have been accused of witness tampering, it is best to contact a seasoned attorney to review the facts of your case and develop a plan to defend on your behalf at trial. Contacting an attorney relieves the stress of navigating the law and the court system yourself and will also be more likely in reaching a favorable outcome on your behalf.