Witness Tampering, Harassment, and Retaliation in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the State Must Prove

Tampering (s. 914.22(1); Fla. Std. Jury Instr. (Crim.) 21.10, Elements): you knowingly used or tried to use intimidation or physical force, threatened or tried to threaten, engaged in misleading conduct, or offered a financial benefit to someone; you did it with intent to cause a person to withhold testimony or evidence, alter or hide evidence, dodge a subpoena, skip a proceeding, keep information from police or a judge, or testify untruthfully; and the investigation or proceeding involved a particular type of case.

Harassing (s. 914.22(3); Instr. 21.11, Elements): you intentionally harassed or tried to harass a person, and thereby hindered, delayed, prevented, or dissuaded (or tried to) someone from attending or testifying, cooperating in an investigation, reporting a crime or a probation, parole, or pretrial-release violation, seeking an arrest, or helping a prosecution or revocation proceeding; and the investigation or proceeding involved a particular type of case.

Retaliating (s. 914.23; Instr. 21.9, Elements): you knowingly caused, attempted, or threatened bodily injury or property damage, with intent to retaliate for a witness's or party's attendance at an official proceeding, for a witness's testimony, for records produced in an official proceeding, or for information given to police.

Two points from the statute: an official proceeding need not be pending or about to start, and the testimony or evidence need not be admissible.

Degrees and Penalties

Tampering depends on the underlying case:

• Misdemeanor case: third-degree felony (up to 5 years).
• Third-degree felony case: second-degree felony (up to 15 years).
• Second-degree felony case: first-degree felony (up to 30 years).
• First-degree felony, including one punishable by up to life: first-degree felony punishable by up to life.
• Life or capital felony case: life felony.
• Level cannot be determined, or a noncriminal matter: third-degree felony.

Harassing also tracks the underlying case: first-degree misdemeanor for a misdemeanor case, rising to a third-, second-, or first-degree felony for third-, second-, or first-degree felony cases; up to life for first-degree felonies punishable by life and for life or capital felony prosecutions; third-degree felony if the level cannot be determined or the matter is noncriminal.

Retaliating: second-degree felony if bodily injury results; otherwise third-degree felony.

Common Situations

• Domestic violence cases, where the alleged victim and the accused share a home, children, or a phone plan.
• Calls from jail asking someone not to come to court.
• Social media posts about a witness or a so-called snitch.

Defense Themes

• Intent is the center of the case. Asking someone how they are doing, or apologizing, is not the same as trying to make them change their testimony. Context matters.
• What "misleading conduct" means. The statute defines it specifically: knowingly false statements, misleading omissions, false documents or objects, or a trick, scheme, or device.
• Harassment requires an effect or an attempt. The State must connect the conduct to hindering or dissuading someone.
• Who sent it? Shared phones, fake accounts, and third parties are real issues.

What to Do First

1. Stop all contact with the witness or alleged victim, directly or through friends or family. Follow any no-contact order exactly.
2. Do not delete messages. Deleting can create a separate problem. See Tampering with Evidence.
3. Remember that jail calls are recorded.
4. Call us. If you are on bond or probation, a new charge can affect your release. See Bond & Nebbia Hearings and Probation Violations.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

The alleged victim contacted me first. Can I still be charged?

Possibly. The question is what you said or did, and why. Stop responding and call a lawyer.

Can I be charged if no case had been filed yet?

Yes. The statute says an official proceeding need not be pending or about to be instituted.

Is asking someone to drop the charges tampering?

It depends on the words, the context, and the intent. Prosecutors often see it that way. Don't do it.