Intimidating a witness
For further information and sentencing flowcharts see the Imposition guideline.
Moorehead Jr., 29, of the 3600 block of Gravois Avenue, already faces charges of first-degree assault, armed criminal action and resisting arrest in St. Louis on five charges: assaulting an officer, discharge of a firearm in furtherance of a crime of violence, being a felon in possession of a firearm, being a felon in possession of ammunition and intimidating a witness.
A conviction for intimidation of a witness has serious consequences, including the possibility of a prison sentence.
Elements of Intimidation of a Witness In order to convict a defendant of intimidation of a witness, the Commonwealth must prove beyond a reasonable doubt that: A recent movement, called “STOP SNITCHING” has invaded many inner-city communities.
Intimidation of a witness is most often charged in two situations:(1) an anticipated witness at an upcoming trial is approached by the defendant or the defendant’s acquaintance and asked not to testify; and(2) during a domestic argument, the defendant takes away the alleged victim’s phone, preventing the alleged victim from calling the police.
Given the serious consequences that result from an intimidation of a witness conviction, it is essential that you have an attorney who is experienced in trying these types of cases.
Attorney Spring prosecuted these cases when he served as an assistant district attorney, and he has successfully defended these cases since founding Spring & Spring.
A suspended sentence MUST NOT be imposed as a more severe form of community order. Offences only just cross community order threshold, where the seriousness of the offence or the nature of the offender’s record means that a discharge or fine is inappropriate In general, only one requirement will be appropriate and the length may be curtailed if additional requirements are necessary Offences only just fall below the custody threshold or the custody threshold is crossed but a community order is more appropriate in the circumstances More intensive sentences which combine two or more requirements may be appropriate The imposition of a custodial sentence is both punishment and a deterrent.
To ensure that the overall terms of the suspended sentence are commensurate with offence seriousness, care must be taken to ensure requirements imposed are not excessive.