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Regardless of the way witness tampering is done, it is still illegal. The crime can either be a felony or a misdemeanor, depending on other surrounding factors of the case. Punishments can be harsh; offenders can receive large fines or prison time depending on the severity.
Witness tampering happens when someone tries to influence a witness. The goal is to get the witness to make a false statement. The crime can also involve pressure to withhold testimony or evidence or to miss a court proceeding.
Tampering with a witness party to a second-degree felony case is a first-degree felony, punishable by up to 30 years' imprisonment and a $10,000 fine. Tampering with a witness in a first-degree felony case is a first-degree felony, punishable by a $10,000 fine and life in prison.
When witnesses or victims can be interfered with without consequences, this can send a message to other potential witnesses that the system lacks justice. ingly, California Penal Code 136.1 prohibits this behavior.
(a) Influence the witness or victim to testify falsely or unlawfully withhold any testimony; or. (b) Induce the witness or victim to avoid legal process summoning him to testify; or. (c) Induce the witness or victim to absent himself or herself from an official proceeding; or.
The Criminal Code makes it an offence to intimidate a justice system participant, such as threatening a prosecutor with violence in order to prevent them from carrying out their duties. This offence is punishable by a maximum of 14 years imprisonment.