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Tampering With a Witness in the Fourth Degree
Fourth Degree Tampering with a Witness: NY Penal Law 215.10
Tampering with a Witness in the Fourth Degree, New York Penal Law 215.10, is not the most common criminal offense prosecuted by Assistant District Attorneys in New York City and the Hudson Valle, but a serious crime nonetheless. In fact, should you find yourself arrested by the NYPD or any local or county police department in Westchester, Rockland, Dutchess, Putnam or Orange, do not think that merely because Fourth Degree Tampering is a misdemeanor that a conviction will have limited impact on your life going forward. Instead, prepare yourself by both exercising your rights and retaining the right New York criminal defense lawyer to best ensure that your case is handled properly. Failure to take these initial steps will increase the likelihood that you will not only face a permanent criminal record, but also expose yourself to as long as one year in jail. If there is any “upside” to such a sentence, “good time” can reduce your sentence by as much as one third, but most would argue that nine months on Rikers, for example, is nine months too long.
Fourth Degree Tampering: Understanding the Elements of NY PL 215.10
The basis of all of degrees of Witness Tampering in New York, Witness Tampering in the Fourth Degree is divided into two distinct subsections with their own respective elements.
New York Penal Law 215.10(a): If you are aware that a person is to be called as a witness in a proceeding and you attempt to convince or actually prevent that person from appearing or testifying, then you have perpetrated the crime of Tampering with a Witness in the Fourth Degree pursuant to PL 215.10(a).
New York Penal Law 215.10(b): If you make a false statement or commit some fraud knowing that the statement is fictitious or your deceitful act in part or in whole and you do so in order to impact the testimony of another person, then you have perpetrated the crime of Tampering with a Witness in the Fourth Degree pursuant to PL 215.10(b).
Depending on the circumstances and evidence of your case, prosecutors may charge you solely with misdemeanor Witness Tampering in the Fourth Degree, other crimes, or even attempt to elevate your conduct to one of the felony degrees of Tampering with a Witness. No matter the allegations, arm yourself with knowledge and the best criminal lawyer to advocate on your behalf in order to protect your professional licenses, career and legal status should any of these be exposed to collateral dangers as a result of your arrest or potential conviction. Remember, as frightening as your legal predicament may be and as embarrassing as being hauled into a New York City Criminal Court or Hudson Valley Justice Court no doubt is, you may have a legal strategy and defense that will exonerate you or mitigate your conduct to avoid a criminal record.
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Whether you are arrested in New York City or the Hudson Valley, the Witness Tampering lawyers and former Manhattan prosecutors at Saland Law have the knowledge and experience to guide you through the criminal justice system and protect you both inside and outside the four corners of the courtroom.
Call the criminal defense attorneys and former New York County prosecutors at (212) 312-7129 or contact us online today to discuss the facts of your case and potential defenses to the allegations.