In Tulsa, preventing a witness from giving testimony is a felony under Oklahoma law.
The statute, found under crimes related to evidence, reads in relevant part, “Every person who willfully prevents or attempts to prevent any person from giving testimony or producing any record, document or other object, who has been duly summoned or subpoenaed. . .or who is a witness to any reported crime, or threatens or procures physical or mental harm through force or fear with the intent to prevent any witness from appearing in court to give his or her testimony or produce any record, document or other object, or to alter his or her testimony is, upon conviction, guilty of a felony. . .”
Examined closely, this means one cannot deliberately prevent someone from testifying using fear or force. A second provision similarly makes it illegal to threaten or harass someone who has already given testimony.
In both provisions, there are a few clear defenses. If a person prevents testimony, but it is not done on purpose, this would not be a crime. Further, the force or fear must be intended to prevent the testimony. If you can prove there was another purpose, this crime may not be applicable.
Convictions Can Bring Jail Time
If convicted under either subset of the statute, Oklahoma defines the crime as a felony. While there is no fine listed in the prescribed punishment, the potential prison sentence is between one and 10 years.
A Tulsa Criminal Defense Attorney Can Tell You More
You should consult with a Tulsa criminal defense attorney if you are dealing with charges for preventing a witness from giving testimony.
Contact the Seventh Street Tulsa Law Office for a confidential and low-cost consultation by calling 918-932-2777.