Intimidation of a Witness

Respected Boston Domestic Violence Defense Attorney Committed to Protecting Clients’ Rights Through Every Stage

When emotions run high in personal relationships, it’s easy to say something you later regret—especially if you’re already facing criminal charges. But in Massachusetts, even a text message asking someone not to testify or press charges can lead to a separate felony: intimidation of a witness. These charges are common in domestic violence cases and are often filed in addition to assault or harassment allegations. If you’ve been accused, you need to act fast. The Law Office of Patrick J. Murphy has defended countless individuals facing witness intimidation charges across Boston for over 27 years. Attorney Murphy knows how to challenge weak evidence and protect your rights in the most high-pressure situations.

What Is Witness Intimidation Under Massachusetts Law?

Massachusetts General Laws Chapter 268, Section 13B defines witness intimidation broadly. It prohibits anyone from:

• Threatening, misleading, harassing, or attempting to influence
• A witness, victim, or someone who may provide information to law enforcement
• With the intent to interfere with a criminal investigation, report, or court proceeding

This law applies even if no threats were made. Simply asking someone not to testify, delete evidence, or “forget” what they saw can be enough for prosecutors to file charges.

In the context of domestic violence, the person being “intimidated” is often a current or former partner, co-parent, or spouse—someone with whom you share a complex history. Prosecutors frequently add this charge when they believe you tried to change someone’s mind after an arrest or encouraged them to drop the case.

How These Charges Commonly Arise in Domestic Cases

It doesn’t take much to trigger a witness intimidation charge. Common examples include:

• Calling or texting the alleged victim after an arrest despite a no-contact order
• Asking someone not to “press charges,” even if you didn’t use threats
• Urging a family member or friend not to speak to police
• Making emotional appeals to withdraw a complaint
• Trying to coordinate stories with someone involved in the case

You don’t have to succeed in influencing anyone for this charge to apply. The prosecution only needs to believe you tried to interfere with the process—even if the contact was brief or unsuccessful.

Felony-Level Penalties with Long-Term Impact

Witness intimidation is a felony offense, and the consequences can be severe. A conviction may result in:

• Up to 10 years in state prison or 2.5 years in jail
• Fines up to $5,000
• A permanent felony on your criminal record
• Probation with strict conditions
• Immigration consequences for non-citizens
• Increased difficulty resolving the original domestic violence charge

In many cases, an intimidation charge can be harder to fight than the underlying offense—but there are ways.

Why Intent—and Context—Matter

These cases often depend on how your actions are interpreted. Did you intend to interfere with a criminal case, or were you simply trying to salvage a relationship, apologize, or express regret? The law draws a hard line, but the facts may tell a different story.

Key questions your attorney will explore include:

• Was there a no-contact order in place when communication occurred?
• Did the alleged victim initiate the conversation?
• Was your message threatening, persuasive, or simply emotional?
• Did you understand the legal consequences of your actions?

In some cases, police and prosecutors assume bad intent where none existed. Attorney Murphy works to put these interactions into context and argue that the communication was not illegal or criminal in nature.

Strategic Defenses to Witness Intimidation Allegations

Every case is different, but possible defenses may include:

No intent to interfere. You may have been upset or emotional, but that does not automatically mean you intended to obstruct justice.

Accidental or misinterpreted contact. A missed call, vague text, or social media post might have been misread by the recipient or investigators.

Preexisting relationship or mutual contact. If communication was mutual or initiated by the alleged victim, that may undermine the prosecution’s claim that your conduct was threatening or coercive.

Unlawful or vague protective orders. If you weren’t properly notified of a no-contact condition, or the terms were unclear, your attorney may challenge the validity of the charge.

Attorney Murphy will thoroughly review all messages, call logs, and police records to uncover inconsistencies in the government’s case and build a clear and compelling defense.

Protect Your Freedom Before the Case Gets Worse

Witness intimidation charges often complicate and intensify already difficult domestic violence cases. But just because you’re accused of interference doesn’t mean you’ve committed a crime. These cases rely heavily on nuance, emotion, and context—and an experienced defense lawyer can help you make sure your side of the story is heard. If you’ve been charged with intimidation of a witness, call the Law Office of Patrick J. Murphy at (617) 367-0450 to speak with our Boston domestic violence lawyer. We’ll help you move quickly, build a strategic defense, and protect your future.