Whether someone is a plaintiff or defendant in a court case, they have the right to present witnesses that will corroborate their version of the events. Sometimes, an opposing party’s witnesses can offer some pretty derogatory testimony against the other side.
If someone is guilty of preventing a witness from testifying in Muskogee, they may face between one and ten years in prison, as determined by Oklahoma state law.
Proving that Someone is Preventing a Witness From Testifying
A guilty verdict that someone prevented a witness from testifying will result in a felony conviction. Because of the seriousness of this accusation, the prosecution must prove each of six elements of the crime of preventing a witness beyond a reasonable doubt. Doing so requires providing substantial evidence of each element to the jury. In order to secure a conviction for this crime, a prosecutor will first have to prove that the defendant acted willfully, in that he meant to do the action that prevented the witness from testifying.
Next, a prosecutor will have to present evidence that the defendant threatened or caused physical or emotional harm. The prosecutor will also have to show that the defendant used force or fear to accomplish this goal.
Finally, the prosecutor will have to present evidence that the defendant intended to prevent the witness from testifying.
A defendant charged with this crime can establish a defense by showing that his conduct did not meet one or more of these elements.
Low-cost Consultation: Muskogee Criminal Defense Lawyer
A charge of preventing a witness from testifying can lead to years behind bars and serious fines.
Contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights.
Call the Wirth Law Office-Muskogee today at 918-913-0725, or toll-free at 1-888-447-7262 [Wirth Law].
