Witness tampering is how a pending misdemeanor becomes a felony. In Harris County it arises most often not from organized obstruction but from a defendant on bond talking to a family member about the case — usually on a recorded jail call.
What the Statute Says
A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or coerces a witness or prospective witness, to:
- testify falsely;
- withhold any testimony, information, document, or thing;
- elude legal process summoning him to testify or supply evidence;
- absent himself from an official proceeding to which he has been legally summoned; or
- abstain from, discontinue, or delay the prosecution of another.
The statute also reaches a witness or prospective witness who accepts or agrees to accept a benefit for any of those purposes.
Penalty
Tampering with a witness is generally a third-degree felony — 2 to 10 years in prison and a fine of up to $10,000. The offense level is elevated in circumstances tied to the seriousness of the underlying proceeding, and coercion involving threats of violence can support additional charges including terroristic threat and retaliation.
The Family Violence Trap
In assault family member cases, the Harris County District Attorney's Family Violence Division routinely reviews jail calls looking for exactly this. Offering to pay bills, promising to change, asking someone not to come to court, or having a relative relay a message can all be characterized as conferring a benefit or coercing a witness.
Combined with a protective order violation, a Class A misdemeanor case can produce two new felonies before the first setting.
The safe rule is absolute: do not discuss the case with the complaining witness at all. Anything that needs to be communicated goes through your lawyer.
Defenses
No intent to influence. Expressions of affection, apology, or a wish to reconcile are not necessarily attempts to influence testimony. Context and the full conversation — not the clip the State plays — matter.
No benefit and no coercion. The statute requires one or the other. Ordinary family communication, financial support that predates the case, and shared household obligations are not benefits conferred to influence testimony.
Not a witness or prospective witness in an official proceeding. The status element must be proven.
Third-party conduct. Relatives frequently contact complainants on their own initiative. The State must tie the conduct to the defendant.
Related
- Assault family member · Protective orders · Bond conditions
- Tampering with evidence (37.09)
- Harris County Jail — 700 N. San Jacinto
Charged in Harris County?
Brian Foley is Board Certified in Criminal Law by the Texas Board of Legal Specialization and a former Harris County Felony Chief Prosecutor; Luis Baez is a former Trial Bureau Chief. Call or text (713) 703-1718 for a free, confidential consultation.