Although it is not the most frequent criminal conduct that Assistant District Attorneys in New York City and the Hudson Region prosecute, tampering with a witness in the fourth degree, New York Penal Code 215.10, is nonetheless a serious crime. In fact, do not assume that just because Fourth Degree Tampering is a misdemeanor a conviction would have little effect on your future if you are caught by the NYPD or any local or county police department in Westchester, Rockland, Dutchess, Putnam, or Orange. Instead, to ensure that your case is handled properly, prepare yourself by asserting your rights and hiring the best New York criminal defense attorney.
If you don’t take these first measures, you run the risk of not only getting a permanent criminal record but also of spending up to a year in jail. If there is any “upside” to such a sentence, “good time” can shorten your term by up to one-third, but most people would contend that, for instance, nine months at Rikers are too long.
- NEW YORK WITNESS TAMPERING
- Tampering With A Witness In The Fourth Degree: New York Penal Law 215.10
- Tampering With a Witness in the Third Degree: New York Penal Law 215.11
- Tampering With A Witness In The Second Degree
- Tampering With A Witness In The First Degree: New York Penal Law 215.13
Understanding The ELEMENTS OF NY PL 215.10
The basis of all the degrees of Witness Tampering in New York, Witness Tampering in the Fourth Degree is divided into two distinct subsections with their own respective elements. New York Penal Law 215.10(a): If you are aware that a person is to be called as a witness in a proceeding and you attempt to convince or actually prevent that person from appearing or testifying, then you have perpetrated the crime of Tampering with a Witness in the Fourth Degree pursuant to PL 215.10(a).
According to New York Penal Code 215.10(b), you have committed the crime of Tampering with a Witness in the Fourth Degree if you knowingly make a false statement or commit fraud, whether it be in whole or in part, with the intent to influence another person’s testimony.
Prosecutors may charge you with further crimes in addition to misdemeanor Fourth Degree Witness Tampering or even try to raise your actions to one of the felonies for Tampering with a Witness, depending on the facts and evidence of your case. In order to safeguard your professional licenses, career, and legal status should any of these be exposed to collateral risks as a result of your arrest or prospective conviction, empower yourself with knowledge and the best criminal lawyer to advocate on your side.
Remember, even though your situation may be frightening and going before a court in New York City or the Hudson Valley is undoubtedly embarrassing, you may have a legal plan and defense that will clear your name or lessen the severity of your actions so that you avoid getting a criminal record.