Retaliation Against A Witness Or Victim
Retaliation Against A Witness Or Victim, C.R.S. 18-8-706
Testimony at a trial or hearing uninhibited by the fear of retaliation is the goal of the criminal justice system in Adams, Douglas and Arapahoe counties, Colorado. Retaliation against a witness or victim laws, C.R.S. 18-8-706, seek to ensure that anyone testifying in court can do so without worry. Both sides want a fair trial and a determination of the truth. Police and defendants will benefit if no one is allowed to threaten witnesses with harm. This felony law seeks to protect the integrity of our court system.
Elements Of Retaliation Against A Witness Or Victim:
Retaliation against a witness or victim occurs when a person uses a threat, act of harassment, or act of harm or injury upon any person or property, against a witness or victim. When this conduct is directed at a witness or victim’s family member or someone close to them in Jefferson, Weld or Broomfield County, it can also be considered retaliation. Like other crimes against victims or witnesses such as bribing a witness or victim, this crime is written very broadly, so it will encompass anyone whom the witness or victim cares about. Even a pet is covered.
This crime will normally arise when a friend or family member of a defendant is angry that someone testified against the defendant. It can occur whether the person testifying told the truth or lied. In fact, many times witnesses lie to support a “victim”, when the victim has ulterior motives and is lying to the judge or jury. Colorado law simply says that it is not for the defendant or her friends to determine motives or the truthfulness of a witness. This crime is a class 3 felony, and is punishable by a prison sentence to the Department of Corrections with a normal range of from four to twelve years.
If your friend or family member has been approached by police about retaliation against a witness or victim charges, don’t make any statements. Instead, be smart, exercise your right to remain silent, and call the criminal defense lawyers at the O'Malley and Sawyer, LLC, at 303-731-0719, today. Together, we can protect your future.