Understanding the Crime of Intimidation of a Witness in Massachusetts

Witness intimidation is one of the most broadly applied felony charges in Massachusetts and it’s often misunderstood.

Under G.L. c. 268, § 13B, it’s a crime to attempt to influence, threaten, or mislead anyone involved in a criminal investigation or court proceeding. That includes witnesses, victims, jurors, and even police officers. And here’s the catch: you don’t need to make a threat or use force to be charged.

The law covers:
- Trying to convince someone not to testify 
- Encouraging someone to lie to police 
- Destroying or hiding evidence 
- Harassing a witness, even passively 
- Sending messages, directly or indirectly, that affect the case

It’s a felony, with a possible sentence of up to 10 years. In practice, it’s often added as a second charge in domestic cases, assault and battery cases, or group incidents, sometimes based on a single text or comment. I’ve seen clients charged for saying “Don’t say anything” or “You better not talk to the cops.”

But context matters. The statute requires specific intent to interfere with a proceeding. Juries and judges are often skeptical of overreach, especially when the alleged intimidation is vague or non-threatening.

If you're facing this charge, the stakes are high. I work to challenge both the evidence and the interpretation of intent. In many cases, we can show the statement was misunderstood or that it doesn’t meet the legal standard.

Can You Be Charged with a Crime of Self-Defense in Massachusetts?

Yes, you can be charged with a crime in Massachusetts even if you acted in self-defense. That surprises a lot of people, but it’s not uncommon.

Police often arrest first and let the courts sort it out. In a fight or confrontation, they may not know who started it, who escalated it, or whether force was necessary. If you admit to throwing a punch, pulling someone off you, or even using a weapon in defense, that can be enough to trigger a charge.

But being charged isn’t the same as being convicted.

Massachusetts law allows you to use reasonable force to defend yourself or someone else if:
- You reasonably believed you were in imminent danger of harm 
- You used no more force than necessary 
- You were not the initial aggressor (with some exceptions)

Self-defense is an affirmative defense, which means you admit to the act but argue it was justified. I’ve won cases by showing that the alleged “victim” was actually the aggressor, or that my client had no way to retreat and acted reasonably under the circumstances.

Self-defense cases turn on facts. Eyewitnesses, injuries, 911 calls, and surveillance footage can make or break them. If you're charged after defending yourself, the sooner we start building the case, the better.

Can You Be Charged with a Crime After the Fact in Massachusetts?

Yes, you can absolutely be charged with a crime days, weeks, or even years after something happened.

Police and prosecutors aren’t required to arrest you immediately. They can investigate first, gather statements, review evidence, and then apply for charges once they think they have probable cause. This is common in drug cases, hit-and-runs, and financial crimes.

As long as the charges are filed within the statute of limitations, they’re valid. For most misdemeanors and felonies, that’s six years. But for some serious offenses, there’s no time limit.

If you hear that someone made a complaint against you—or if you get a summons in the mail—it doesn’t mean you’re too late to defend yourself. In many cases, we can challenge the credibility of the evidence or even argue for dismissal at a clerk magistrate hearing.

Don’t assume that time has made the problem go away. If you think you might be charged—or already have been—talk to a lawyer right away. Early action can make a big difference.

What Happens If You’re Charged with Assault and Battery in Massachusetts?

Assault and battery is one of the most common criminal charges in Massachusetts—and one of the most misunderstood. You don’t need to cause an injury or even throw a punch to be charged.

Under Massachusetts law, you can be charged with assault and battery if you intentionally touch someone without their consent in a harmful or offensive way. Even pushing someone during an argument can lead to criminal charges.

The penalties depend on the circumstances. For a first-time misdemeanor, you could face up to 2.5 years in jail. But if the alleged victim is a family member, elderly person, or public employee, the charge is more serious. Some cases also involve separate charges like assault with a dangerous weapon or on a household member.

There are defenses. I’ve represented people accused of A&B after breakups, bar fights, traffic disputes, and false accusations. In many cases, we’re able to argue self-defense, lack of intent, or simply that the incident didn’t happen the way it was described.

If you’re facing assault and battery charges, don’t assume it’s just a misunderstanding. Get legal help fast.

What Is the Difference Between a Misdemeanor and a Felony in Massachusetts?

In Massachusetts, the difference between a misdemeanor and a felony comes down to punishment. Misdemeanors are offenses that carry up to 2.5 years in the House of Correction. Felonies can carry state prison time.

Misdemeanors include things like shoplifting, OUI (first offense), or disorderly conduct. Felonies include charges like armed robbery, drug trafficking, or aggravated assault.

Felony charges usually come with more serious consequences—higher bail, stricter conditions, longer sentences, and bigger effects on immigration, employment, and civil rights.

If you’re charged with either, the first step is the same: get legal representation immediately. The earlier you act, the more options you have to fight the case or minimize the damage.