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The Court can deviate from the guideline sentence only under certain circumstances.The Alabama Sentencing Guidelines are complicated and you need the sound advice of an experienced Alabama criminal defense attorney to determine what the appropriate sentence is according to the complex guidelines.
The idea of witness tampering or intimidation probably brings to mind a defendant in a criminal case threatening a witness, but the defendant is not the only person who can be accused of or commit this crime.
If a relationship with a witness is more distant, such as a co-worker relationship, the defendant can make it a practice to talk with the other person only about matters pertaining to work.
The defendant can even explain this to the other person that there will be no discussion about the case and certainly no attempt to influence the other person’s testimony.
The Alabama Sentencing Guidelines defines “non-violent” offenses as those offenses that are not classified by the Alabama Sentencing Commission as a “violent offense.” The Alabama Sentencing Guidelines contains a list of offenses that are considered as violent offenses, they include the following: Criminal offenses that are not listed above are classified as “non-violent offenses.” Non-violent offenses are eligible for a broader list of potential punishments, sentences and outcomes.
Additionally, the Legislature has ordered that as of October 1, 2013, a sentence for a non-violent offense is presumed to be the sentence calculated under the guidelines.
A prosecutor can file charges based on the witness’s statements alone, but some kind of corroborating evidence is necessary to get a conviction.