- Dorothy Naumann
- Indian River County, FL
Tampering with a witness under Florida Statute 914.22
Florida Statute 914.22 makes it unlawful for a person to knowingly use intimidation or physical force, threaten another person, or attempt to do so, or to engage in misleading conduct toward another person, with the intent to influence, delay, or prevent the testimony of any person in an official proceeding, or to cause or induce any person to be absent from an official proceeding.
Witness tampering under Florida Statute 914.22 is a third-degree felony when the underlying official proceeding involves a misdemeanor or civil matter. It is a second-degree felony when the proceeding involves a felony. It is a first-degree felony when the tampering involves a capital felony.
Obstruction of justice under Florida law
Florida Statute 843.01 makes it unlawful to knowingly and willfully resist, obstruct, or oppose any officer in the execution of legal process or in the lawful execution of any legal duty, by offering or doing violence to the person of such officer. This offense is a third-degree felony.
Florida Statute 843.06 makes it unlawful for any person to willfully obstruct the officer in serving, executing, or attempting to serve or execute any legal writ or process. This offense is a first-degree misdemeanor. These statutes operate alongside the witness tampering statute to address interference with criminal proceedings at various stages.
Tampering with evidence under Florida Statute 918.13
Florida Statute 918.13 makes it unlawful to alter, destroy, conceal, or remove any record, document, or thing with the purpose to impair its verity or availability in any proceeding that the person knows or reasonably should know is pending or about to be instituted. Tampering with evidence is a third-degree felony.
The offense requires that the person know or reasonably know that a proceeding is pending or about to be instituted. The statute covers a range of conduct, including destroying physical evidence, altering documents, and concealing records.
Contact with witnesses and no-contact orders
In Florida criminal cases, courts frequently issue no-contact orders as conditions of pretrial release or as conditions of probation that prohibit the defendant from contacting witnesses. Violation of a no-contact order is a separate criminal offense regardless of whether the contact rises to the level of witness tampering.
Florida Statute 914.23 makes it unlawful to retaliate against a witness, victim, or informant for providing information or testimony in a federal or state proceeding. Retaliation is a third-degree felony when the underlying proceeding involved a misdemeanor and a second-degree felony when it involved a felony.
Frequently asked questions
What is witness tampering in Florida?
Under Florida Statute 914.22, witness tampering involves knowingly using intimidation, threats, or misleading conduct to influence, delay, or prevent testimony in an official proceeding. It is a felony whose degree depends on the severity of the underlying case.
Is destroying evidence a crime in Florida?
Yes. Florida Statute 918.13 makes it a third-degree felony to alter, destroy, conceal, or remove any record, document, or thing with the purpose of impairing its availability in a proceeding the person knows or should know is pending.
What is the penalty for obstruction of justice in Florida?
Obstruction by violence under Florida Statute 843.01 is a third-degree felony. Obstruction of legal process without violence under Florida Statute 843.06 is a first-degree misdemeanor. Penalties vary based on the specific conduct.
If you have been charged with a criminal offense, you have the right to an attorney. Contact the Law Office of Dorothy Naumann at 772-WIN-CASE to speak with a criminal defense lawyer.