We know the drill from old Hollywood movies. A gangster gets arrested. As soon as he does, he sends out the word to ensure that any witnesses don’t testify against him. Sometimes that means the witness conveniently disappears — often down the East River.
Sometimes life in Wagoner, Oklahoma imitates art. Let’s face it—being arrested is scary. If you are facing potentially serious criminal charges, it is tempting to try to rig the system by trying to control witness testimony.
However, intimidating a witness at any point in the proceedings—before, during, or after the fact—undermines the legal system and is punished harshly in Oklahoma.
Intimidating a Witness in Oklahoma—Serious Business
If you are facing charges for a crime in Wagoner, it is important that you refrain from any action that could be interpreted as intimidating a witness. You must avoid all contact with witnesses and all potential witnesses.
Witness intimidation is defined as the willful attempt through force, fear, harassment, or physical or mental harm, to prevent or alter a person’s testimony, the production of other evidence in court, or their report of abuse or neglect to the proper authorities. Okla. Stat. tit. 21 § 455
Sometimes the witness is hurt or threatened, or their family is threatened. In either case, this intimidation is illegal.
Witness intimidation is sometimes quite subtle. For example, a look, a threatening gesture, stalking, etc. The fear is real, but the amount of force is minimal. It is the threat of force that is so frightening to the witness. The fear of impending violence is often enough for a witness to recant their testimony, or to refuse to testify.
Other times, witness intimidation can be blatant and violent such as the death of a pet or an attack in an alley. Here, the violence can be profound.
An overt threat of physical harm to a witness in a legal proceeding would be enough for a conviction, but so would those texts that you send or phone messages that you might leave to remind a witness you are still in his or her vicinity.
Penalties
The punishment is harsh, from one to 10 years in prison. This is a wide range of possible years in a sentence.
An increased level of force or fear used in the intimidation may give the judge cause for a more severe sentence if you are convicted.
Any felony conviction in Oklahoma will alter your life forever. It makes it difficult to get a job or find affordable housing. It can also ruin relationships.
Initial Strategy Session: Wagoner Criminal Defense Attorney
If you are accused of intimidating a witness in Oklahoma, talk to an experienced Wagoner criminal defense attorney as soon as possible. Do not wait and do not speak to the police. Remember that everything that you say to them can and will be used against you.
For a low-cost consultation, call Wirth Law Office – Wagoner at 918-485-0335.
As always, you have the option to enter a legal question in the form at the top right of this page.
