“Aggravated” Intimidation of a Witness or Victim – CRS 18-8-705

CRS 18-8-705 is the Colorado law that prohibits aggravated intimidation of a witness or victim, defined as using a deadly weapon to frighten a witness or victim in a legal case. Aggravated intimidation of a witness or victim is a class 3 felony, punishable by

• four to 12 years in prison and/or
• fines of $3,000 to $750,000.

The language of CRS 18-8-705 reads as follows:

(1) A person who commits intimidating a witness or victim commits aggravated intimidation of a witness or victim if, during the act of intimidating, he:
(a) Is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the person being intimidated or any other person; or
(b) Knowingly wounds the person being intimidated or any other person with a deadly weapon, or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person being intimidated or any other person in reasonable fear of death or bodily injury.

(2) For purposes of subsection (1) of this section, possession of any article used or fashioned in a manner to lead any person reasonably to believe it to be a deadly weapon, or any verbal or other representation by the person that he is so armed, is prima facie evidence that the person is armed with a deadly weapon.

(3) Aggravated intimidation of a witness or victim is a class 3 felony.

In this article, our Colorado criminal defense attorneys discuss:

• 1. Aggravated Intimidation Defined
• 2. Penalties
• 3. Best Defenses
• 4. Sealing Records
• 5. Related Offenses

1. Aggravated Intimidation Defined

Intimidation of a witness or victim (CRS 18-8-704) occurs when a person threatens the witness or victim in order to deter them from cooperating with authorities or to influence their testimony in a court proceeding. For intimidation of a witness or victim to be aggravated, one of the following conditions must be true:

• The intimidator is armed with a deadly weapon with the intent, if resisted, to kill or injure someone; or
• The intimidator knowingly injures or menaces someone with a deadly weapon.

Even if the intimidator did not actually have a deadly weapon, aggravated intimidation charges will still apply as long as a reasonable person would have believed that the intimidator had a deadly weapon.¹

CRS 18-8-705 makes it a class 3 felony to use a gun or other deadly weapon to intimidate a witness from testifying in a civil or criminal proceeding.

2. Penalties

Aggravated intimidation of a witness or victim is a class 3 felony in Colorado. The punishment includes:

• 4 to 12 years in the Department of Corrections, and/or
• $3,000 to $750,000 in fines.

Plus, there is a mandatory three-year parole period.²

Note that witness intimidation that is not aggravated is a class 4 felony. The sentence is:

• 2 to 6 years in the Department of Corrections, and/or
• $2,000 to $500,000 in fines.

Plus, there is a mandatory three-year parole period.³

3. Best Defenses

Three potential defenses to CRS 18-8-705 charges are:

1. The defendant did not have a deadly weapon, and no reasonable person would have presumed the defendant had a deadly weapon.
2. The defendant had no intention to intimidate, and the defendant’s innocent words were misconstrued.
3. Law enforcement found the deadly weapon through an illegal search and seizure.

Unless the district attorney’s office can prove guilt beyond a reasonable doubt, the aggravated intimidation charge should be reduced to a lesser offense or dismissed completely.

4. Sealing Records

Convictions for aggravated intimidation of a witness or victim can never be sealed from Colorado criminal records. They remain on the defendant’s criminal record forever.

However, if the criminal charge for aggravated intimidation of a witness or victim is dismissed, the defendant can petition the court to seal the record immediately after the case concludes. Learn more about how to seal Colorado criminal records.⁴

Aggravated witness intimidation sentences are served in prison, not county jail.

5. Related Offenses

Witness Tampering

Witness tampering (CRS 18-8-707) is trying to influence witnesses or victims to testify falsely, to withhold testimony, or to ignore summons for civil or criminal proceedings. Witness tampering does not involve threats (like witness intimidation does) or bribery.

As a Class 4 felony, witness tampering carries a sentence of two to six years in Colorado State Prison and/or fines ranging from $2,000 to $500,000. Additionally, a mandatory three-year parole period is required.

Retaliating Against a Witness or Victim

Retaliating against a witness (CRS 18-8-706) is harassing a crime victim or witness as retribution. A class 3 felony, witness retaliation carries a sentence of four to 12 years in Colorado State Prison and/or fines ranging from $3,000 to $750,000. Additionally, a mandatory three-year parole period is in effect.

Victim Resources

• Crime Victim Rights Act (VRA) – Colorado Department of Public Safety
• Victim Advocates – Colorado Attorney General

Legal References