Witness Tampering

Witness tampering Florida charges can quickly turn an already stressful situation into a legal crisis. If you’re accused of intimidating, bribing, or threatening a witness, every word and action you take now will matter. Our board-certified criminal trial team can help you navigate these complex cases.

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witness tampering florida

Witness Tampering Florida: The Law (§914.22)

Under Florida Statute §914.22, anyone who uses threats, intimidation, force, misleading conduct, or offers a benefit to another person—with the intent to influence testimony, conceal evidence, or hinder communication with law enforcement—can be charged with tampering with a witness, victim, or informant. The law also covers harassment and attempts to dissuade cooperation, even if no explicit threat is made.

Penalties & Grading for Witness Tampering in Florida

The punishment depends on the underlying offense:

  • Underlying misdemeanor → 3rd-degree felony (up to 5 years)
  • Underlying 3rd-degree felony → 2nd-degree felony (up to 15 years)
  • Underlying 2nd-degree felony → 1st-degree felony (up to 30 years)
  • Underlying life or capital felony → Life felony

Examples of Witness Tampering Florida

  • Threatening or intimidating a witness with harm or retaliation
  • Offering money or favors for silence or false testimony
  • Encouraging someone to ignore a subpoena or avoid court
  • Destroying or hiding evidence to stop cooperation
  • Harassing a witness with repeated messages to pressure them
  • Taking away a person’s phone to prevent calling police

Threatening or Intimidating a Witness Makes Matters Worse

Any threat of harm—physical, emotional, or financial—can elevate a case from an already serious charge to one carrying far harsher penalties. Prosecutors treat intimidation as an aggravating factor, especially when it involves violence, coercion, or manipulation. Even offhand remarks like “you’ll regret testifying” can be twisted as proof of criminal intent. Courts often impose strict no-contact conditions and may revoke bond if intimidation is alleged.

Pressuring a Survivor to “Drop Charges” Can Be Witness Tampering

Trying to persuade or pressure a survivor of domestic or sexual violence to recant or “drop charges” can lead to separate witness tampering charges—sometimes more serious than the original allegation. This commonly happens when someone under a Domestic Violence Injunction or other protective order tries to reach out directly or through friends to the alleged victim.

These cases are especially sensitive in Florida. Prosecutors take an aggressive stance if the alleged victim is a survivor of domestic violence or sexual battery. Even seemingly polite requests to “work things out” can be interpreted as coercion or intimidation under §914.22.

Important: Never contact an alleged victim or witness directly if a no-contact order or injunction is in place. All communication must go through your attorney. Violating this rule can add new felony charges and jeopardize your entire case.

Defenses to Witness Tampering Florida Charges

  • No intent to influence or obstruct testimony
  • No knowledge of any pending or imminent proceeding
  • Lawful communication mistaken for intimidation
  • Speech protection (no threat, violence, or coercion)
  • Insufficient evidence linking words or acts to the proceeding
  • Illegal search or overreach — fought through pretrial motions

What to Do If You’re Accused

  1. Stop all direct or indirect contact with the witness or survivor.
  2. Preserve all messages, emails, and social media posts.
  3. Document your own communications timeline immediately.
  4. Let your attorney handle any communication or clarification.
  5. Follow all release and injunction conditions to the letter.

threatening a witness

FAQ: Witness Tampering Florida

What’s the difference between tampering and obstruction?

Tampering targets influencing or intimidating a witness or victim. Obstruction involves broader interference with investigations or law enforcement operations.

Can I be charged even if no case was filed?

Yes. Florida law allows prosecution even if no formal court case exists, as long as an investigation or proceeding is imminent.

Does the threatened act need to happen?

No. A mere threat, offer, or attempt to influence testimony can satisfy the statute—even if no action was taken.

Talk to an Orlando Witness Tampering Lawyer

Witness tampering Florida cases—especially those tied to domestic violence or sexual assault—require careful, experienced defense. Call 407-214-3837 or contact us online for a confidential consultation today.