N.J.S.A. 2C:28-5 · Offenses Against Public Administration
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What the law says
The section prohibits knowingly trying to influence a witness or informant in connection with an official proceeding or investigation, harming someone to retaliate for their service as a witness or informant, and giving or accepting a benefit in exchange for specified conduct. It also provides offense degrees based on the conduct and, for certain offenses, the use of force or threat of force.
This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).
What the State must prove
To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:28-5, that means:
- For tampering, the person believes an official proceeding or investigation is pending, about to be instituted, or has been instituted, and knowingly engages in conduct that a reasonable person would believe would cause a witness or informant to act as specified in subsection a.
- The specified conduct is causing a witness or informant to testify or inform falsely; withhold testimony, information, a document, or a thing; elude legal process summoning the person to testify or supply evidence; absent themself from a proceeding or investigation to which they were legally summoned; or otherwise obstruct, delay, prevent, or impede an official proceeding or investigation.
- For retaliation, the person harms another by an unlawful act with the purpose of retaliating for or on account of the other person's service as a witness or informant.
- For witness or informant taking a bribe, the person solicits, accepts, or agrees to accept a benefit in consideration of doing any of the things specified in subsection a. (1) through (5).
- For bribery of a witness or informant, the person directly or indirectly offers, confers, or agrees to confer a benefit upon a witness or informant in consideration of the witness or informant doing any of the things specified in subsection a. (1) through (5).
How the charge is graded
- Witness tampering is a crime of the first degree if the conduct occurs in connection with an official proceeding or investigation involving any crime enumerated in subsection d. of section 2 of P.L.1997, c.117 (C.2C:43-7.2) and the actor employs force or threat of force.
- Witness tampering is a crime of the second degree if the actor employs force or threat of force.
- Otherwise [witness tampering] is a crime of the third degree.
- The offense [retaliation against a witness or informant] is a crime of the second degree if the actor employs force or threat of force.
- Otherwise [retaliation against a witness or informant] is a crime of the third degree.
- A person commits a crime of the third degree [for witness or informant taking a bribe].
- A person commits a crime of the second degree [for bribery of a witness or informant].
General sentencing ranges
Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:
| Offense level | Ordinary term | Maximum fine |
|---|---|---|
| First degree | 10 to 20 years | Up to $200,000 |
| Second degree | 5 to 10 years | Up to $150,000 |
| Third degree | 3 to 5 years | Up to $15,000 |
Other rules that can matter
- Privileged communications may not be used as evidence in any prosecution for violations of paragraph (2), (3), (4) or (5) of subsection a.
- Notwithstanding the provisions of N.J.S.2C:1-8, N.J.S.2C:44-5 or any other provision of law, a conviction arising under this section shall not merge with a conviction of an offense that was the subject of the official proceeding or investigation.
- The sentence imposed pursuant to this section shall be ordered to be served consecutively to that imposed for any such conviction.
Common defense strategies
Every case turns on its facts, but defenses we often explore include:
- Challenging whether the conduct meets the statute's specific elements
- Bodycam and dashcam video review of the police encounter
- Lack of purpose or knowledge
- Negotiating downgrades to municipal court where appropriate
What to do right now
- Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
- Write down everything you remember, including names, times, and locations.
- Keep every document you received, such as the complaint, summons, and release conditions.
- Follow all release and no-contact conditions exactly.
- Call a New Jersey criminal defense lawyer before your first court date.
How we help
Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Witness Tampering charge.
Related charges
- Bribery →
- Official Misconduct →
- Perjury →
- False Reports to Law Enforcement →
- Tampering with Physical Evidence →
- Obstructing Administration of Law →
- Resisting Arrest →
- Eluding a Police Officer →
Sources
- N.J.S.A. 2C:28-5 on Justia (2024 New Jersey Revised Statutes)
- N.J.S.A. 2C:43-6, sentences of imprisonment for crimes
- N.J.S.A. 2C:43-3, fines
- N.J.S.A. 2C:43-8, disorderly persons sentences
Statute summaries are based on the 2024 compilation of the New Jersey Revised Statutes. Laws change, so confirm the current version with counsel.
Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.