Georgia Criminal Defense Lawyer Blog
Attempting to murder or threaten witnesses in Georgia official proceedings is an extremely serious felony offense. The term “official proceeding” includes any court hearing, trial, grand jury proceeding, or other pending judicial proceedings. Below are the key points about the commission or possible commission of this crime.
Attempted Murder in Official Proceedings in Georgia
Under Georgia law O.C.G.A. §16-10-32(a), any person who attempts to kill another person with the intent to:
- Hinder (delay or prevent) their presence or evidence in a formal proceeding
- Prevent the production of evidence in an official proceeding
- Prevent communication to law enforcement about a crime
is guilty of a felony punishable by 10-20 years in prison plus strict conditions of probation.
A conviction means a lengthy prison sentence, and upon release you will be considered a felon for life. This hard fact can stop you from getting the job you really want, and limit other life choices. If you’re accused of a crime, it’s best to hire experienced criminal defense lawyers like Larry Kohn or Cory Yager. They will handle your case.
This law may not cover threatening a witness with things like lawsuits, instead of physical harm. But directly communicating threats of harm or injury to halt testimony against you is illegal.
Successful Defenses Against Threatening of Witnesses
In Georgia, there are defenses against charges of influencing or threatening witnesses in official proceedings. In a federal government cases the defenses will be different.
Lack of Intent
According to O.C.G.A. § 16-10-93, the offense of manipulating witnesses necessitates the explicit intention to discourage the witness from providing complete, honest, and unrestricted information relating to the commission of a crime. If the defendant can show they did not have this intent, it could be a valid defense.
Simply warning a witness about the consequences of lying under oath is not illegal influence. Telling someone about possible perjury charges is different from trying to manipulate or pressure them. It is important to distinguish between providing information and attempting to unlawfully sway a witness’s testimony.
First Amendment Rights
Filing a lawsuit, which is a constitutionally protected activity, does not constitute a “threat” under the influencing witnesses statute. Exercising free speech rights may serve as a defense if the individual did not make any true threats.
Lack of Evidence
To show that the defendant influenced witnesses or informants in a legal case, there must be clear evidence. This evidence can include intimidation, force, threats, corruption, or misleading behavior. Lack of such evidence could result in dismissal.
Entrapment
If a law enforcement officer makes someone commit a crime they wouldn’t have done otherwise, they can use entrapment as a defense.
To win the case, we must show that the defendant did not intend to commit a crime. We also need to prove that the constitution protected their actions. Additionally, we must demonstrate that there is not enough evidence to support the charges. An experienced criminal defense lawyer is crucial when raising these defenses.
Someone who bullies, hurts, or threatens to harm someone’s property in order to stop them from doing something.
Participating or giving evidence in a formal proceeding;
People report a crime or violation to authorities in this state honestly and sincerely. This includes informing law enforcement, prosecutors, or judges. It is important to report any criminal activity or violations of probation, parole, or release. To uphold the law and ensure justice, one must do this.
Apprehending or attempting to apprehend another individual in relation to a criminal offense; or
Initiating or aiding in the initiation of a criminal case, or a parole or probation revocation process,
Committing the act will result in a felony charge. If authorities find someone guilty, they could face a prison sentence ranging from 2 to 10 years.
They may also have to pay a fine of $10,000 to $25,000. In some cases, the punishment could include both a prison sentence and a fine. Federal law in the United States is different.
It is against the law to hide or block evidence in a legal case. Whether the evidence can be used in court or is confidential doesn’t matter.
Threatening Witnesses Damages the Georgia Legal System
Witness intimidation can have a significant negative impact on criminal investigations and prosecutions in Georgia. Here are some key points about the effects of witness intimidation:
Obstruction of justice: Witness intimidation directly interferes with the legal process by attempting to prevent witnesses from testifying or providing evidence. This obstructs the pursuit of justice and can derail investigations and prosecutions.
Witnesses may not help if they are scared of getting back at them. This can cause a lack of sharing information and working together with the police. This can severely hamper the ability to build strong cases.
Compromised evidence: Intimidated witnesses may alter their testimony or withhold crucial information, weakening the evidence available for prosecution.
Undermined integrity of proceedings: Witness intimidation threatens the fairness and impartiality of trials and other legal proceedings, potentially leading to mistrials or wrongful outcomes.
Prosecuting organized crime is harder because witnesses often intimidate, especially in cases involving gangs. This makes it difficult to effectively prosecute these types of cases.
When people witness intimidation frequently and see it being effective, they begin to distrust the justice system. This may lead them to avoid getting involved in legal matters.
Additional criminal charges: Perpetrators of witness intimidation may face separate felony charges, adding complexity to cases and potentially lengthening legal proceedings.
Resource drain: Investigating and prosecuting witness intimidation cases requires additional law enforcement and judicial resources, potentially diverting attention from other criminal matters.
Sometimes witnesses need protection or relocation, which can strain law enforcement resources and disrupt their lives.
Witness intimidation in high-profile cases can make it harder to get witnesses to cooperate in future investigations.
Georgia law punishes those who intimidate witnesses with prison time and fines. This includes threatening or harming witnesses.
However, police and lawyers struggle to deal with it, especially in big cases involving organized crime or influential individuals. The complexity of the situation makes it hard for law enforcement and legal professionals to address effectively. This holds especially true in cases involving organized crime or powerful individuals.
Call our Atlanta law office at (404) 567-5515 and set up a free consultation with one of our highly rated criminal defense lawyers.