Tampering With a Witness in the Second Degree
Closely aligned with Tampering with a Witness in the Third Degree (New York Penal Law 215.11), Tampering with a Witness in the Second Degree (New York Penal Law 215.12) bumps up the level of the offense to a "D" felony punishable by up to seven years in state prison.
The critical difference between these two crimes is as follows. Whereas you must merely threaten physical injury in order to prevent a person from testifying or appearing at a proceeding to satisfy the elements of NY PL 215.11, you must actually cause this physical injury to a person to be convicted of NY PL 215.12. Additionally, you do not have to only prevent the person or attempt to prevent that person from going to court or testifying. If you attempt to delay or obstruct that person, along with the causing of a physical injury, you have perpetrated this crime. The differences between the two statutes and the potential punishment are significant.
For a full understanding on the crime of Tampering with a Witness in the Second Degree and to determine the best defense options, be prepared to take the time to break down your case, the evidence and the law with your New York criminal defense attorney.
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