We are currently having a minor dispute in the office. The question is based on the charge of retaliation. Under the statute, retaliation can be either a felony of the third degree or a misdemeanor of the second degree. We cannot think of when the misdemeanor applies. If anyone out there has any thoughts, please post a comment.

By the way, we think that the charge is a misdemeanor when the retaliation is for something that happened in the past and the victim is no longer a witness to the case. Meaning that the retaliation happens for some case that over as opposed to retaliating against someone for pressing charges with the hope that the person won’t testify against you.

Again, our ears are open. Feel free to contribute.

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