Written and Legally Reviewed by Attorney Joe Serpa Lead Trial Counsel | 30+ Years Experience in MA Criminal Courts | Last Updated: March 2026

Defending Against Witness Intimidation Charges in Massachusetts Domestic Violence Cases

If you are facing domestic violence charges in Massachusetts, you may find yourself suddenly burdened with an additional, profoundly serious charge: Intimidation of a Witness.

Emotions are volatile and actions are sometimes too fast during a conflict with a loved one. A split-second reaction—such as grabbing a cell phone, hanging up a landline connection, or blocking a doorway—can create a serious felony charge under Massachusetts law. At Serpa Law Office, we recognize that these situations can be disorienting, highly charged, and frequently misconstrued by law enforcement where understanding nuance is not always a job requirement.

Boston criminal defense attorney Joe Serpa brings nearly three decades of sophisticated litigation experience to the defense of clients facing complex domestic violence and witness intimidation charges. As he has over three decades, Attorney Serpa will apply extraordinary trial skills and negotiating acumen to protect your liberty, your professional standing, and your future from the devastating collateral consequences of a criminal conviction.

What is “Intimidation of a Witness” in Massachusetts?

Under Massachusetts General Laws Chapter 268, Section 13B (M.G.L. c. 268, § 13B), “Intimidation of a Witness” is a broad statute. In Massachusetts, the statute functions fundamentally as an expansive obstruction of justice law.

Prosecutors use this statute aggressively to prosecute a wide array of conduct—direct or indirect. They apply the statute to conduct, usually in the heat of enormous stress, that ostensibly impedes, delays, or interferes with a criminal investigation or the administration of justice. In Massachusetts domestic violence cases, prosecutors use this statute to allege that the accused intended to impede  a 911 call.

You can be charged with Intimidation of a Witness if law enforcement believes you willfully engaged in conduct such as:

• Seizing, discarding, or damaging a cell phone while the complainant was attempting to contact authorities.
• Disconnecting or destroying a landline telephone during an altercation.
• Physically impeding an individual’s egress from a room to seek outside assistance.
• Articulating statements that police retroactively interpret as a calculated threat to deter the reporting of an incident.

The “911 Call” Paradigm: A Felony Born in a Millisecond

The prevailing paradigm we dismantle at Serpa Law Office involves a chaotic domestic argument where one party reaches for a telephone. The other party, reacting out of frustration, panic, or a misguided attempt at de-escalation, takes the device. Upon arrival, police routinely elevate the situation, charging the individual not merely with Assault and Battery on a Family/Household Member, but with the serious felony of Witness Intimidation.

The Severe Penalties for Witness Intimidation (M.G.L. c. 268, § 13B)

This offense comes with serious consequences. Even in instances where the underlying domestic assault charge is ultimately dismissed, the prosecution can—and often will—pursue the obstruction charge independently.

Intimidation of a Witness is strictly classified as a felony. Also, unless dismissed, a conviction of this offenses can never be sealed or expunged. You are stuck with it forever. Potential statutory penalties include:

• Up to 10 years in state prison, or up to 2.5 years in a county house of correction.
• Substantial financial penalties up to $5,000.
• A felony record capable of irreparably damaging career trajectories, professional licensing, and community reputation.
• Severe collateral consequences impacting child custody, visitation, and family court adjudications.

How Serpa Law Office Dismantles Witness Intimidation Charges

Attorney Joe Serpa is a premier jury trial specialist and a Georgetown Law graduate who has secured thousands of dismissals and acquittals across Massachusetts. Defeating allegations of domestic violence and obstruction of justice demands a forensic attention to detail, a commanding courtroom presence, and an uncompromising, erudite approach to statutory interpretation.

We rigorously scrutinize police methodology, interrogate witness credibility, and contextualize the incident to engineer a formidable defense. Our proven strategic imperatives include:

• Negating Criminal Intent: The statute demands the prosecution prove a specific intent to obstruct or interfere with a criminal investigation. If your objective was to prevent the destruction of property, to halt an escalation of hostilities, or simply to force a cessation of the argument, the requisite mens rea (criminal intent) is fundamentally absent.
• Exposing Fabricated Claims: Domestic violence allegations are distressingly susceptible to exaggeration or outright fabrication, frequently weaponized to secure tactical leverage in divorce or custody proceedings. We employ surgical cross-examination to expose these credibility deficits.
• Asserting Legal Justification: If your actions were a proportional response in self-defense, or a lawful defense of your own property, the conduct may be legally justified and outside the statute’s purview.
• Exploiting Evidentiary Voids: These cases frequently devolve into uncorroborated “he-said, she-said” disputes, entirely lacking the forensic or independent evidentiary support required to prove a 911 call was ever genuinely attempted or thwarted.

Why Retain Attorney Joe Serpa for Your Defense?

When confronting the formidable machinery of the state, you require more than competent counsel; you require an authoritative advocate.

• Jury Trial Mastery: While a significant volume of cases are strategically dismantled through pretrial motions, Attorney Serpa operates from a posture of trial readiness. He maintains an exceptional record of outright victories in both felony and misdemeanor trials across the Commonwealth.
• Elite, Bespoke Representation: At Serpa Law Office, your defense is never delegated to inexperienced associates. Attorney Serpa personally commands your case, providing the sophisticated legal acumen and discreet counsel necessitated by high-stakes litigation.
• Institutional Authority: With decades of practice within the Boston Municipal Court, Massachusetts District Courts, and Massachusetts Superior Courts, we possess an intimate, strategic understanding of the judiciary, the prosecution, and the procedural nuances of the local landscape.

Contact Serpa Law Office for the highest level of representation in your Massachusetts domestic violence case.