When someone is facing charges, the instinct to reach out to a witness — a family member, an ex, a friend — and “talk it out” can feel natural. In New Jersey, it can also be a serious crime. Witness tampering under N.J.S.A. 2C:28-5 criminalizes attempts to influence a witness’s testimony or availability, and it’s frequently charged on top of whatever the original case was about.
What the statute covers
N.J.S.A. 2C:28-5 makes it an offense to knowingly attempt to induce or otherwise cause a witness or informant to do things like:
- Testify falsely or withhold testimony;
- Absent themselves from a proceeding they’ve been legally summoned to;
- Avoid being served or otherwise evade legal process; or
- Withhold or destroy evidence.
The key word is attempt — the witness doesn’t have to actually change their story or skip court. The effort to influence them can be the crime by itself. A related provision also addresses retaliation against witnesses.
How it’s graded
Witness tampering is a serious, indictable offense, commonly graded as a third-degree crime — and it can be more serious depending on the conduct and the underlying case. Crucially, it’s an independent charge: even if the original case is weak or gets dismissed, a tampering charge can stand on its own. That can turn a manageable situation into a far worse one, the kind of grade and exposure we describe in disorderly persons vs. indictable offenses.
It travels with related charges
Tampering frequently appears alongside hindering apprehension and, in domestic situations, contact that also violates a restraining order. The common thread is post-charge contact that the State characterizes as an attempt to shape the case — which is exactly why that contact is so dangerous.
Where these cases get defended
- Intent — whether the communication was actually an attempt to influence testimony or availability, or innocent contact misread.
- What was actually said — the precise words and full context, often captured in texts or recordings.
- Who initiated and why — particularly in family and relationship situations where ongoing contact is normal.
Facing a pending case? Do not contact witnesses — call instead
The single best way to avoid a tampering charge is to route all communication through your attorney and stay away from witnesses entirely. If you’re already facing a 2C:28-5 charge anywhere in New Jersey, it’s worth a free, confidential call right away.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Criminal Charges Guide.