Intimidation and retaliation are distinct charges that are often confused. Intimidation and retaliation are often charged in the same set of circumstances. The differences between these two charges are important to distinguish when building a strong defense.
Intimidation tries to stop someone from doing something.
Intimidation is conduct that interferes (obstructing, preventing, impairing) with the administration of justice by causing the person intimidated to refrain from reporting, to give false information, to withhold information, or to disregard a legal summons to appear regarding a criminal matter.
Retaliation is an action that gets back at someone for what they already did.
Retaliation is an action that harms another by engaging in conduct that threatens another for anything lawfully done in the capacity of a witness, victim, or party.
Intimidation can be satisfied by a single threat, retaliation cannot.
The Supreme court in 2006 rejected the prosecution’s claim that the harm proscribed by § 4953 could be satisfied by a single threat or unlawful act. The court stated:
“While there is no doubt that a single threat is sufficient to satisfy the requirement of other criminal provisions, in order to satisfy the specific requirements of the retaliation statute, multiple threats are necessary.”
The fact that retaliation requires “multiple threats” must to be explained to the judge and jury. Having a knowledgeable and savvy attorney make the correct arguments at trial could be the difference between a not-guilty verdict and a conviction.
Pennsylvania state and federal law both give defendants that have been convicted the right to file appeals based on many reasons. A direct appeal after trial is one way and filing a petition under the Post Conviction Relief Act is an additional, less well-known, method.
Direct appeals usually only allow you to appeal issues your trial attorney has preserved at the trial level. An issue is preserved when your attorney objects and states grounds for the objection on the record. If the lawyer has preserved these issues, you may appeal to the Superior Court of Pennsylvania for a direct review of any mistakes the trial court made.
If your direct appeal is unsuccessful, it may be time to file a PCRA.
You are eligible to file a PCRA petition if you have been convicted of an offense and are serving a prison sentence, are on probation or parole, or your sentence has had a severe lasting collateral consequence, even if you are no longer incarcerated or on probation or parole.
You can get post-conviction relief if:
At the PCRA stage, new arguments can be made in various aspects of your case. Because of this, it is very important to find the right attorney who will carefully review your trial transcript and discuss the specific aspects of your trial with respect to filing a PCRA. It is essential to have a well-researched and well-argued PCRA to maximize the chances at having your conviction overturned.
ThePhillyLawyers is saddened to announce the passing of the firm’s founding attorney, Robert Emmett Madden, Sr. who passed away on May 27, 2019.
For over 40 years, Bob was a leader in the field of white-collar criminal defense. Bob was well respected in the legal community and was treasured by his clients, friends, and family. He will be greatly missed.
