You may be wondering how anything you have done or said could be construed by someone in law enforcement as deliberately intimidating.
In Massachusetts, law enforcement and district attorney’s offices routinely charge those accused of assault and battery, rape, armed robbery, etc., with witness intimidation if the accused allegedly urged the alleged victim not to contact the police.
For that reason, skilled criminal defense attorney Kathleen Mc Carthy is well-armed to reach a plea bargain, or even dismissal, in many cases. First, the defendant must directly (or indirectly) threaten or attempt to cause emotional, physical, economic or property harm on a person considered a “witness.” However, if it can be proven that the defendant offered a gift, reward, or bribe to the “witness” or harassed the witness in any way, their actions can be construed as intimidation in court. The second parameter needed to support this charge is the definition of the term “witness.” The person on the receiving end of the defendant’s actions must be a witness potential witness to a crime, violation of bail, or violation of parole or a police officer, judge, juror, grand juror, prosecutor, federal agent, defense attorney, clerk, court officer, probation officer, parole officer, and the list goes on.
Boston, Massachusetts intimidation of a witness defense attorney Kathleen Mc Carthy is here to help you avoid serving time in jail and paying costly penalties and fines. The grey nature of this definition allows police and prosecutors to twist the statute in their favor, time and time again. As you can see, anyone remotely involved in a court proceeding could be considered a “witness” for the purpose of prosecution.
Thanks to the Constitution, it is the burden of the Commonwealth to prove the defendant acted “with the specific intent to impede, instruct, delay, or otherwise interfere with a criminal investigation.” What’s more, the prosecution must prove this .
While this may sound fair and legally sound, unfortunately, another portion of the statute makes this point almost moot.