Witness intimidation is a serious offense in Massachusetts. If convicted, you could spend up to 10 years in prison – and you might be forced to pay significant fines. However, it is important to recognize that the definition of witness intimidation is specific in Massachusetts. The Commonwealth cannot convict people of this crime on a whim, and a recent case shows that these prosecutions fall flat when made on flimsy foundations. Innocent conversations do not constitute witness intimidation, and you can fight these charges effectively alongside an experienced Boston criminal defense lawyer.
Commonwealth Reverses Witness Intimidation Conviction
In August 2024, the Commonwealth reversed a witness intimidation conviction stemming from a seemingly innocent phone call between a defendant and his fiancee. The call was recorded from a house of correction. The transcripts show a relatively tame discussion between the two parties, in which the defendant tried to convince his fiancee to avoid speaking with law enforcement officials.
One might argue that he was simply instructing his fiancee to remain silent, which is a right afforded to everyone in the United States under the Constitution. During the call, he also promised to marry his fiancee when his legal issues had been resolved. It should be noted that the fiancee was the one complaining about the constant visits from police at her residence – and she seems to have been asking for advice on how to deal with this unwelcome attention.
Perhaps most notably, the defendant at one point instructed his fiancee to “do whatever you choose to want to do” and to do “whatever you think that’s going to help you and benefit your situation.”
For whatever reason, the Commonwealth interpreted this as witness intimidation. They pointed out that the defendant had “conveyed an offer or promise” of something of value – presumably the promise to marry her. However, there are clear issues with this interpretation.
The appellate court noted that equating a continued relationship with a “thing of value” was questionable. One might argue that as fiancees, this couple had already promised to get married long before the phone call was made. Reaffirming this promise is something that normal fiancees do. The court also found that the Commonwealth’s assertion that this promise represents intimidation was far too vague. The defendant did not specifically promise financial support, gifts, or anything else of that nature. He merely stated that he still wished to marry his partner.
Ultimately, the Supreme Judicial Court allowed for further appellate review.
Find an Experienced Criminal Defense Attorney in Boston
Whether you have been charged with domestic violence, witness intimidation, or a combination of both, it makes sense to consider your legal options alongside an experienced defense attorney in Boston. Edward R. Molari can help you push back against excessive penalties for crimes you never committed. Book a consultation today to discuss potential defense strategies in more detail.