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.