What’s the defense against tampering with a witness charges in Georgia?
The defense starts with the statute’s exact words, because O.C.G.A. § 16-10-93 has two different offenses. Contact with a witness isn’t a crime by itself. What the state must prove is a threat, benefit, force, intimidation, corruption, or misleading conduct, together with the required intent.
| Subsection (a) | Subsection (b) | |
|---|---|---|
| Conduct | Communicating a threat of injury to person, property, or job, or offering a benefit | Intimidation, force, threats, corrupt persuasion, misleading conduct |
| Intent | To deter a witness from testifying "freely, fully, and truthfully" in a pending matter | To influence or prevent testimony, cause someone to withhold evidence or evade process, or block a report to police, a prosecutor, or a judge |
| Prison | 1 to 5 years | 2 to 10 years, or a $10,000 to $20,000 fine, or both |
The questions that decide these cases are what the words said, and what they were meant to do. Asking a witness to tell the truth, or to talk to one’s lawyer, is different from telling the witness what will happen if they testify. A message relayed through a relative still counts as indirect communication under (a).
Some arguments don’t work. Under (b)(3)(B), the official proceeding “need not be pending or about to be instituted.” Under (b)(3)(C), the testimony need not be admissible. Each violation of (a) or (b) is also a separate offense, under (c).
A person under a no-contact bond condition faces a further risk, since contact can revoke bond even if it never rises to this offense.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.