Influencing a witness under ARS § 13-2802 is a serious offense in Arizona. The law protects the integrity of the legal process by ensuring witnesses can testify truthfully without fear, pressure, or bribery. Unlawful efforts to alter a witness’s testimony or hide or bribe witnesses can lead to serious charges.

Such charges are often vigorously prosecuted, and a conviction can result in prison time, hefty fines, and a permanent criminal record. However, not all contact with a witness is criminal. Misunderstandings, confusion, or a lack of intent are insufficient for a conviction under this statute. Understanding your rights is essential if you are being investigated for or violating this law.

With expert legal insight, you could build a defense and protect your rights. If you or your loved one faces charges under ARS § 13-2802, you will benefit from the expert legal insight we offer at Phoenix Criminal Attorney.

What is Influencing a Witness in Arizona?

Arizona Revised Statutes § 13-2802 makes it a crime to influence a witness improperly. ARS § 13-2802 protects the fairness of legal proceedings. Courts rely on honest witness testimony to find the truth. If people are allowed to pressure or manipulate witnesses, justice becomes compromised. Victims may never receive closure, and innocent people could face wrongful convictions.

For this reason, Arizona takes this crime seriously. Even a single attempt to interfere with a witness’s duty can result in serious criminal charges. Moreover, witness tampering worsens an already bad situation. If you are already facing charges and try to influence a witness, you can face additional charges. You could face an arrest and charges for influencing a witness if you acted with the intent to:

• Influence the testimony of another person.
• Cause someone to withhold testimony or stay silent.
• Prevent someone from receiving a subpoena or legal service
• Alter a witness’s conduct in any legal process.

This law applies across a wide range of legal settings. It covers criminal trials, civil lawsuits, administrative hearings, and legislative investigations. The law does not require that the case or hearing be already underway. Even if a person only expects a case to happen in the future, trying to manipulate a potential witness is still illegal.

You could be found guilty even of influencing a witness, even if your effort to influence the witness fails. For example, if someone tries to bribe a witness and the witness reports it, that failed attempt still qualifies as a crime under this statute.

The person you targeted does not have to be an official witness yet. Even if someone has not been subpoenaed or asked to testify, influencing their future potential as a witness can still violate ARS § 13-2802.

Key Elements of Arizona Revised Statutes § 13-2802

To secure a conviction under ARS § 13-2802, the prosecution must prove the following elements:

You Knowingly Engaged in Conduct Aimed at Influencing a Witness

The prosecutor must prove that you have knowingly taken action. That means you were aware of what you were doing and acted intentionally. Accidental behavior, confusion, or misunderstanding cannot trigger a conviction under this statute.

You Intended to Affect the Witness’s Actions

Your actions must have been specifically aimed at affecting a witness’s behavior. It includes acts like trying to make someone lie, remain silent, avoid court, or otherwise not fulfill their legal duty. The intent is a critical part of this crime. You must act to interfere with a witness’s legal obligation.

Your Conduct Was Unlawful

Another element that helps prove that you influenced a witness is that your actions were unlawful. Not all efforts to speak with a witness are illegal. For example, a defense attorney preparing their witness for trial is allowed. Legal representation, guidance, or truthful persuasion through proper channels is not criminal. However, it becomes a crime if it involves threats and bribes.

You Engage in Direct or Indirect Action

ARS § 13-2802 covers direct and indirect efforts to influence a witness. That means you do not have to speak to the witness personally. If you ask another person to do it on your behalf, the prosecution will still hold you accountable.

Examples of Witness Tampering

Understanding how ARS § 13-2802 works in real life is essential. The following are examples of actions that may violate this statute:

• Offering bribes. Offering money, gifts, or other benefits to a witness in exchange for a particular type of testimony is considered tampering. The offer is illegal even if the witness does not accept the bribe.
• Making threats. Threatening to harm a witness or their loved ones if they testify is a clear violation. These threats do not have to involve physical acts. It also covers emotional threats, financial harm, or blackmail.
• Telling a witness to disappear. It is unlawful to ask a witness to leave town or hide so they cannot receive a subpoena. This advice is still tampering, even if disguised as concern for the person’s safety. However, the prosecution must prove that the goal is to stop them from testifying.
• Encouraging dishonesty. Asking or encouraging a witness to lie, twist facts, or leave out details while testifying is illegal. It includes scripting answers, coaching lies, or advising the witness to hide specific facts.
• Blocking legal service. Witness tampering occurs when you interfere with a subpoena or legal notice. Even helping someone avoid service can result in charges.

These examples can happen in person or remotely. A conversation over the phone or a text message to affect testimony is enough. The law applies to social media messages, emails, and even gestures if the intent is clear.

Penalties for Influencing a Witness in Arizona

Violating ARS § 13-2802 is a serious offense in Arizona. The penalties you will face for the offense depend on the case details. Most violations are charged as a class 5 felony. However, if the person used physical force or made threats, the charge increases to a class 3 felony.

Class 5 Felony

When no threats or violence are involved, influencing a witness is a class 5 felony. A conviction for the offense carries the following penalties:

• A prison term between 6 months and 2.5 years for a first offense
• Presumptive sentence of 1.5 years
• Fines not exceeding $150,000
• Probation, which is often available for first-time offenders

A class 5 felony conviction can still affect your life long after the sentence ends. Even if you avoid prison through probation, you may face social and professional limitations.

Class 3 Felony

If influencing a witness involves threats or physical force, the charge becomes more serious and is treated as a class 3 felony. A conviction in this case is punishable by:

• A prison term ranging from 2 to 8.75 years
• A presumptive sentence of 5 years

The higher-level felony status reflects the danger and coercion involved in using force or threats. Courts treat these cases harshly to protect the integrity of the legal process.

Aggravating Circumstances

Certain factors can increase the severity of the sentence for influencing a witness. Arizona law allows judges to add time to a sentence if any of the following apply:

• The victim is a vulnerable person. The court may impose a harsher sentence if the witness is especially vulnerable. Vulnerable individuals include children, the elderly, or disabled witnesses. Arizona law offers added protection to those who cannot defend themselves.
• Multiple witnesses are involved. The court may enhance the penalties when an attempt to influence more than one witness has occurred.
• Repeat offender status. If you have prior felony convictions, you may receive an enhanced sentence. Repeat offenders generally face longer prison terms. Prior conduct weighs heavily during sentencing.
• Association with violence or gangs. Violent acts, or a history of gang involvement can result in even harsher punishments. These characteristics indicate some level of organized or targeted crime behavior, for which the criminal courts apply harsher penalties.

Due to these dire consequences, individuals accused of witness tampering should immediately contact legal counsel. A criminal defense lawyer understands the charges, can develop a defense, and will advocate for the best result possible.

Collateral Consequences of a Conviction for Influencing a Witness

The consequences of a conviction for influencing a witness go beyond fines and incarceration. The sentence will enter your record and can have the following lasting consequences on your life:

Loss of Civil Rights

A felony conviction under ARS § 13-2802 can result in the loss of critical civil rights. These include the right to vote, hold public office, and serve on a jury. Convicted felons also lose the right to possess firearms in Arizona. A person must apply for restoration, and approval is not guaranteed. The loss of these rights can significantly impact your civic participation and self-identity.

Employment Challenges

Most employers check applicants’ backgrounds. Having a felony can restrict job availability. Finding someone guilty of witness tampering may make an employer consider that individual untrustworthy. For example, law enforcement, government, or education careers may be closed off. You could even lose or be unable to find employment. The conviction may also lead to stagnation in one’s career.

Harm to Reputation

A conviction involving influencing a witness can damage your personal and professional reputation. Others may see you as dishonest or untrustworthy. Friends, colleagues, and even family may treat you differently. It may affect your standing in the community. Rebuilding trust after such a conviction is often very difficult.

Professional Licensing Issues

People in licensed professions risk losing their credentials after a conviction for influencing a witness in Arizona. This applies to nurses, lawyers, contractors, and doctors. Licensing boards often view crimes involving dishonesty or obstruction as ethical violations. After a board investigation and hearing, you could face a license suspension or revocation.

Immigration Consequences

Non-citizens face serious immigration risks after a conviction under ARS § 13-2802. Witness tampering may fall under crimes of moral turpitude. It can result in the denial of a green card, visa, or citizenship. In some cases, it may trigger deportation or inadmissibility.

Family and Custody Impacts

A felony conviction can affect child custody and visitation rights. Courts may question your judgment or moral fitness. You could face limits on custody or be ordered to have supervised visits. Family law judges consider criminal records during custody decisions.

Defenses Against ARS § 13-2802 Charges

The stakes are high for defendants facing charges for influencing a witness under ARS § 13-2802. If you are in this predicament, you can fight the charges by presenting the following defenses:

• Lack of intent. The prosecution must prove that you intended to influence a witness. If your actions were misunderstood or lacked criminal intent, you can use a lack of intent as your defense.
• No wrongful act. Simply speaking to a witness is not a crime. The law punishes corrupt influence. The court cannot find you guilty of the offense without threat, bribe, or pressure.
• False accusation. Sometimes, people accuse others to gain an advantage in a case. Evidence like messages or witnesses can help clear your name if someone falsely claims you tried to influence them.
• Entrapment may apply if law enforcement pressured or tricked you into committing the offense. This defense works when the idea came from the police, not you.
• Insufficient evidence. The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak or missing, the case may not stand.

Find a Competent Criminal Defense Lawyer Near Me

You could be arrested and charged under ARS § 13-2802 for unlawful efforts to alter a witness’s testimony. The crime covers acts like hiding witnesses and bribing or threatening them. Depending on whether you used threats or force, the offense's penalties can range from probation to nearly a decade in prison.

In addition to these legal penalties, you will have a permanent criminal record that can impact your personal and professional lives. Fortunately, your arrest does not have to end in a conviction. With the help of a competent lawyer, you could fight the charges and avoid a conviction. Some defenses you can use for the case include a lack of criminal intent, entrapment, and insufficient evidence.

At Phoenix Criminal Attorney, we will offer the expert legal insight you need to navigate the charges and secure a favorable outcome. Contact us today at 602-551-8092 from Phoenix, AZ, to discuss your case.