Witness Intimidation Defense
in Massachusetts
Witness intimidation under MGL c. 268 §13B is a felony with up to 10 years in prison. Frequently charged alongside domestic violence allegations, these charges require skilled, aggressive defense from day one.
Witness Intimidation Under Massachusetts Law
Massachusetts General Laws Chapter 268 §13B prohibits any willful attempt to influence, impede, obstruct, delay, or prevent individuals from participating in the legal process. This includes witnesses, jurors, police officers, and anyone cooperating with a law enforcement investigation.
In domestic violence cases, witness intimidation charges are frequently added when a defendant is accused of attempting to contact the alleged victim after charges are filed — even if a 209A restraining order is not yet in place. A single text message asking "Can we work this out?" can trigger a witness intimidation charge if the prosecution believes it was designed to discourage testimony.
- Felony offense — up to 10 years in state prison and $25,000 in fines
- Can be charged federally under 18 USC §1512 in some circumstances
- Commonly charged alongside 209A violations and domestic A&B
- Even indirect or apparently innocent contact can form the basis of a charge
Conduct That Can Be Charged as Witness Intimidation
- Directly asking the alleged victim not to testify or to recant their statement
- Texting, calling, or emailing in ways that reference the court case
- Asking family members, friends, or attorneys to relay messages to the alleged victim
- Threatening harm, exposure of embarrassing information, or financial consequences to discourage testimony
- Social media contact or posting directed at or about the alleged victim and the case
- Attempting to persuade the alleged victim to drop charges or not appear at hearings
How Attorney Aprodu Defends Witness Intimidation Charges
- Intent analysis — the statute requires "willful" conduct; innocent or personal communication is not a crime
- Lack of obstruction — showing contact had no connection to the legal proceeding
- Alternative interpretation — demonstrating the communication was personal and unrelated to testimony
- Credibility of the complainant — exposing bias, motive, or prior inconsistent statements
- First Amendment grounds — some speech cannot constitutionally form the basis for this charge
- Pre-trial motions — seeking dismissal, suppression of improperly obtained communications
Key Takeaways
- Any contact with the alleged victim after charges are filed may be used against you
- Even indirect contact through third parties can constitute witness intimidation
- Witness intimidation carries up to 10 years — more than many underlying domestic violence charges
- Stop all contact with the alleged victim the moment charges are filed or anticipated
- Call an attorney immediately — preserving communications and context is critical to your defense
Frequently Asked Questions
Under MGL c. 268 §13B, witness intimidation is the willful attempt to influence, impede, obstruct, delay, or prevent a witness, juror, or informant from testifying, reporting, or cooperating with law enforcement. It includes threats, harassment, bribery, and any conduct designed to discourage participation in the justice process.
Yes. Witness intimidation under MGL c. 268 §13B is a felony with a maximum of 10 years in state prison and fines up to $25,000. Some cases may also be prosecuted federally under 18 USC §1512, potentially resulting in additional federal charges with harsher sentences.
Common examples: asking the alleged victim to recant or not appear in court; texting or calling in ways referencing the case; having third parties relay messages; threatening harm if the person testifies; and attempting to influence testimony through intermediaries. Even cordial messages mentioning the case can be charged.
Potentially yes, especially with an active 209A order or if the communication could be interpreted as designed to influence testimony. Even messages that seem friendly can form the basis for a charge if the prosecutor can show intent to obstruct proceedings. The safest course: no contact whatsoever until your attorney advises otherwise.
Key defenses: the contact was personal and unrelated to the legal proceeding; no intent to obstruct was present; the alleged victim misinterpreted innocent communication; the evidence is insufficient to prove "willful" conduct; First Amendment protection for some speech. Attorney Aprodu examines all communications and circumstances to build the strongest defense.
Witness intimidation (MGL c. 268 §13B) specifically targets conduct aimed at influencing individuals in legal proceedings. Obstruction of justice (MGL c. 268 §13) is broader, covering any willful act interfering with the administration of justice. Both are felonies. Prosecutors sometimes charge both, making skilled defense representation essential.
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Don't face witness intimidation charges alone. Attorney Adela Aprodu provides skilled felony defense.