Tampering With a Witness in the Third Degree
Tampering with a Witness in the Third Degree (New York Penal Law 215.11) is a felony offense punishable by up to four years in state prison. Although you should consult with an experienced New York criminal attorney, the Third Degree crime is very similar to Tampering with a Witness in the Fourth Degree (New York Penal Law 215.10). The major difference is as follows:
New York Penal Law 215.11(1): You are guilty of Witness Tampering in the Third Degree if you compel a person not to appear or attempt to prevent that person from appearing (or testifying) at a proceeding, by scaring that person into believing that you will cause physical injury to that person or a third party.
It is important to note that "physical" injury is defined in the New York Penal Law. Physical injury is defined, in part, as substantial pain and can be as insignificant as a black eye, bloody lip or other smaller injury coupled with this degree of pain. A life threatening injury is not required.
New York Penal Law 215.11(2): You are guilty of Witness Tampering in the Third Degree if you force or try to force a person into swearing falsely. This must be done by instilling in that person a fear that you will either cause physical injury to that person or a third party.
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