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 a Clerk Magistrate Dismiss a Felony Complaint in Massachusetts?

In Massachusetts, most clerk magistrate hearings involve misdemeanors, but some felony charges start there too. And in some of those cases, yes, the clerk magistrate can choose not to issue the complaint.

This only happens when the defendant hasn’t been arrested. If police apply for a complaint on a felony charge without arresting you, you have the right to a show cause hearing, even if the charge is serious.

At that hearing, the magistrate decides whether there’s probable cause to believe a crime was committed and whether charges should issue. They have broad discretion to deny the complaint, even if the probable cause standard is technically met.

I’ve had felony charges like larceny over $1,200, possession with intent to distribute, and threats to commit a crime dismissed at clerk hearings. Often it comes down to context: Was it a misunderstanding? Is restitution an option? Does the complainant even want to proceed?

This is a critical stage of the process. A successful outcome means you avoid arraignment, a public record, and months of court dates. If you’ve received a notice for a clerk magistrate hearing, contact me now as there may still be a chance to stop the case before it begins.

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.