New York Man Faces Life In Prison For Witness Retaliation
In its most simple form, assault is a serious crime in New York – and it can lead to a year in jail. However, the penalties for assaulting someone depend heavily on the specific circumstances of each case. These factors include not only the presence of deadly weapons and injuries, but also the identity of the victims. If you assault a witness in a retaliatory manner, you could face life in prison. This is something that a defendant in New York recently discovered.
Man Indicted for Assaulting Witness’ Son
In June of 2024, the Justice Department announced that a Schenectady man had been indicted for witness retaliation. He is accused of assaulting a child in an attempt to intimidate a witness in a federal criminal trial. The child was the witness’ son, and the defendant was facing federal drug trafficking charges at the time. The defendant was convicted on those charges, but he now faces a separate sentence of life in prison for the witness retaliation count.
According to the Justice Department, the defendant assaulted the witness’ son in 2024 and caused him to suffer “head and bodily” injuries. Prosecutors argue that this was intentional retaliation against the victim’s mother, who testified against the defendant in his drug trial. The assault allegedly occurred in a restaurant parking lot. Along with a life sentence, the defendant also faces five years of supervised release.
Witness Retaliation is a Federal Crime
Witness retaliation is a federal crime under 18 U.S. Code § 1513. You can also face the same penalties for retaliating against a victim or an informant. The most serious penalties under this section are reserved for those who murder informants, victims, or witnesses. That being said, the case in New York clearly involves a potential life sentence – even though the victim survived with bodily injuries.
This is because of section C, which states that penalties are higher if the witness testified in a criminal case. The federal government also has “extraterritorial jurisdiction” in this situation, which means that you can face these penalties even after a state criminal trial.
New York Has Its Own Laws Against Witness Intimidation
Aside from federal laws, New York has its own penalties for witness or victim intimidation. You may face this charge if you pressure a witness not to testify – or damage their property in a threatening manner. Penalties become much more serious if you intentionally cause a serious injury, and this could lead to a class B felony with a maximum sentence of 25 years in prison.
Find an Experienced Defense Attorney in Rockland County
If you’ve been searching for an experienced New City criminal defense attorney, consider Phillip J. Murphy, Attorney at Law. We have considerable experience with violent crimes, and we know how problematic these situations can become under certain circumstances. While witness retaliation is a serious offense in the Empire State, you can fight for your rights effectively with our assistance. Reach out today to assess the most appropriate defense strategies during a consultation.
Sources:
justice.gov/usao-ndny/pr/schenectady-resident-indicted-witness-retaliation
law.cornell.edu/uscode/text/18/1513
