Facing an arrest and criminal charges can be a devastating experience. Most people will try all means to avoid a conviction. This could include further investigations, identifying witnesses, contacting victims, and convincing them to drop the charges. The testimony of witnesses and victims plays a significant role in obtaining criminal convictions in California.

An attempt to intimidate or dissuade a victim or witness is a serious offense under California Penal Code 136.1. You will be found guilty of this offense if the prosecution can prove that you willfully and maliciously prevented a victim or witness from reporting your acts or testifying in a court proceeding. You could be convicted under this statute even if your attempts to dissuade the witness or victim were unsuccessful.

The consequences of a conviction for intimidating a victim or witness are severe and life-changing. Even after your release from incarceration, you will have a tainted criminal record that will be difficult to shake off. You will benefit from our expert legal guidance at California Criminal Lawyer Group if you or a loved one faces charges for violating PC 136.1 in Bakersfield, CA.

Understanding California Penal Code 136.1

Witnesses and victims are critical in prosecuting and securing criminal convictions. If you are a defendant in a criminal case, California law prohibits your contact with the victims or witnesses in your case. These laws are put in place to protect victims and witnesses from harassment and intimidation. Additionally, it prevents interference with the investigation and prosecution process.

You could face serious criminal charges if you dissuade or intimidate a victim or witness. Dissuading a victim or witness is charged under Penal Code 136.1. Prosecutors are aggressive in seeking convictions since these acts interfere with their ability to obtain criminal convictions.

Before you face a conviction under PC 136.1, the prosecution must prove the following elements of the crime beyond a reasonable doubt:

You Acted Knowingly and Maliciously

The first element is that the prosecution must prove your actions were willful. This means that you intentionally dissuaded the victim. Since tampering with witness testimony is a specific intent crime, the prosecution needs to show your knowledge that the person you attempted to dissuade was a witness or victim in your case.

Your actions under this statute are considered malicious if you intend to cause harm to another person or gain an advantage. For example, if you are charged with robbery, the prosecution will rely on testimony from a witness to secure a conviction against you. If you convince the witness not to testify against you, you will escape a conviction.

You Dissuaded or Attempted to Dissuade a Victim

Under California PC 136.1, dissuading a victim involves actions that prevent the victim from:

  • Attending a case proceeding. When a trial date is scheduled, the witness or victim will be notified to appear in court. Failure to avoid losing testimony weakens the prosecutor's case. Actions to prevent the victim or witness from showing up on the scheduled trial date will suffice under this statute.
  • Testifying in the case proceedings. You will be found guilty of dissuading or intimidating a victim or witness if your actions prevented the victim's witness from testifying in a criminal proceeding.
  • Reporting a crime. Even when the case has not gone to trial, intimidating or dissuading someone from reporting your criminal actions is enough to find you guilty under PC 136.1.
  • Assisting law enforcement in case preparation and the apprehension of a suspect. You do not have to be the defendant to be charged with this crime. Dissuading a victim to prevent them from cooperating with law enforcement in handling your case will result in your conviction.

You do need to succeed in dissuading a victim or witness for you to be found guilty of violating PC 136.1. An unsuccessful attempt can still result in your conviction.

You Knew that the Person You Dissuaded was a Victim or Witness

Another element that the prosecution must prove when establishing your liability under PC 136.1 is that you knew the person’s role as a victim or witness before you acted. A victim under this statute is an individual who believes that you committed a state or federal crime against them. Witnesses, on the other hand, are individuals:

  • With in-depth knowledge of the factors of your crime.
  • Whose testimony is admissible in your case.
  • Who report criminal activity and aid law enforcement.
  • Who has been subpoenaed to present testimony in your case.

Sentencing and Punishment for Dissuading a Witness or Victim

Since witness or victim intimidation is a wobbler, the prosecution could file felony or misdemeanor charges against you for the offense. Some of the factors that could impact the nature of your charges include:

  • Your criminal history/. California law is strict on repeat offenders. If you have an extensive criminal history, you may face felony charges under PC 136.1.
  • Number of victims or witnesses. The number of individuals you dissuaded or attempted to dissuade may affect how the prosecution charges your offense.
  • The method of dissuasion or intimidation you used to accomplish your offense.

When charged as a misdemeanor, dissuading a witness or victim could result in a jail sentence not exceeding one year and fines of up to $1,000. Under the following circumstances, the prosecution will file a felony charge under PC 136.1:

  • The dissuasion involved coercion and a conspiracy against the victim or witness.
  • You used threats of extreme death or violence against the victim or witness.
  • You stood to gain financially by dissuading the victim. This could happen if you conspired with a defendant who promised you some financial gain for your role in the crime.

A felony conviction, in this case, is punishable by a prison sentence of up to four years. The court can impose a probation sentence instead of incarceration for first-time offenders or defendants with less severe convictions. Probation allows you to serve a portion of your sentence outside jail or prison.

Felony probation lasts for up to five years, while misdemeanor probation lasts for a maximum of three years. The court will require you to perform several community service hours during your probation period. Additionally, the following conditions could be attached to the sentence:

  • Stay away from criminal activity. A probation sentence allows you to move on with your life while serving the sentence. However, the court requires that you avoid criminal conduct during this time.
  • Report your progress. During the probation period, you must report your progress to a probation officer or the court, depending on the nature of your conviction. Felony probation is more stringent, and the court appoints a probation officer to monitor your progress. At the end of the probation period, the officer will report your performance to the court.
  • Restraining order. If you attempted to dissuade a victim through coercion, stalking, or threats, the court could issue a restraining order against you. The order will mandate that you stay away from the victims of your crimes.

A probation sentence could be an opportunity for you to avoid incarceration's stigma and emotional impact. However, you must ensure that you follow through with your probation terms. A violation of the terms could result in probation revocation. When the judge revokes your probation, they could send you to jail or prison to serve your original sentence.

Immigration Consequences

For United States citizens facing charges for dissuading a victim or witness, the greatest fear of a conviction is spending time behind bars. However, for immigrants, there is an added fear of the conviction's impact on their immigration status. A felony conviction under PC 136.1 will have severe immigration consequences, including:

  • Deportation. Most immigrants move to the United States for education or a better life. However, a criminal conviction for the victim or witness dissuasion could ruin your opportunities. Being deported means you will be forcefully removed by Immigration and Customs Enforcement.
  • Inadmissibility. You will not be forced out of the country if you are rendered inadmissible after a conviction for violating PC 136.1. However, you can no longer return if you leave.

A skilled criminal attorney to help you fight your charges for dissuading a victim will help you avoid the harsh immigration consequences.

Dissuading a Victim or Witness and The Three Strikes Law

As a felony, dissuading a victim or witness is a Strike under the California Three Strikes Law. The three strikes law is a sentencing enhancement that seeks to impose severe punishment for defendants charged with violent felonies. If you used extreme violence or threats against a victim, your PC 136.1 conviction is a violent felony.

You will gain one point on your record if you are a first striker. For a subsequent violent felony, you will face a double sentence. If you already have a strike on your record before a felony PC 136.1 conviction, your sentence will be double the sentence for the offense. For third strikes, a felony conviction for dissuading a victim may result in a sentence of twenty-five years to life imprisonment.

Defense Against Charges for Dissuading a Victim or Witness

The consequences of a conviction for victim dissuasion are severe and life-changing. Fortunately, your arrest will not always attract a conviction. With the guidance of a skilled lawyer, you can present the following defenses:

The Person was not a Victim or Witness

The prosecution must prove that the person you dissuaded or attempted to dissuade was a victim or witness in a criminal case. If the target does not fall under this category, you cannot be found guilty of violating PC 136.1.

False Allegations

Some cases of dissuading a victim or witness are based on false allegations. This could happen when you have a strained relationship with another person or their anger towards you is channeled through false accusations. A knowledgeable attorney can uncover the allegations and help you avoid the consequences of a conviction.

Police Misconduct

Sometimes, law enforcement officers succumb to the pressure of making an arrest and obtaining confessions in criminal cases. This could cause them to engage in unlawful tactics while investigating your crime. These forms of misconduct could include coerced confessions, wrongful detention, and entrapment. If you are a victim of police misconduct, your attorney can present the fact as a defense to your case.

Lack of Knowledge or Malice

The prosecution must prove your actions were willful and malicious before obtaining a conviction under PC 136.1. If you did not know that the target of your intimidation was a victim or witness, you would not be found guilty of this crime.

Frequently Asked Questions on Penal Code 136.1

Facing an arrest and charges for dissuading a victim or witness is a confusing experience. The uncertainty of your case's outcome could take a toll on your life. The following are frequently asked questions about the offense:

Will I be found guilty of dissuading a victim if my tactics do not work in my favor?

California Penal Code 136.1 addresses dissuading and attempts to dissuade a victim. Therefore, the prosecution does not need to show that your tactics of victim intimidation were successful. An attempt to commit the crime will result in a conviction and punishment for the offense.

Does expressing my displeasure about the victim's testimony suffice as dissuading a victim or witness?

Expressing that you were not pleased with a person testifying against you alone is not enough to find you guilty of violating PC 136.1. However, if your displeasure was communicated through threats of violence against the victim or witness, you could be convicted of the crime.

Will I be charged with dissuading a victim if I hide their cell phone to prevent their contact with law enforcement officers?

Yes. Dissuasion of a victim or witness is common in domestic violence cases. This could include cutting communication between the alleged victim and the outside world. Any act preventing or delaying the reporting of an offense to law enforcement officers will suffice under California Penal Code 136.1.

What happens if another person sends me to pass a threatening message to a victim or witness?

You do not need to be part of a criminal case to be charged with dissuading a victim or witness. If you are sent to relay a threatening message to a victim or witness in a criminal case, you could be charged with dissuading or intimidating the victim and the person who sent you.

Offenses Related to Dissuading a Witness or Victim

Intimidating or dissuading a victim or witness is a serious offense. If you face charges under PC 136.1, the prosecution could charge you with the following crimes instead of or together with dissuading a victim:

False Imprisonment

Under California PC 236, false imprisonment involves detaining, confining, or restraining another person against their will. If you detain or restrain a victim or witness to prevent them from testifying in a case or reporting your crimes, you could be charged with false imprisonment under PC 136.1. Before you face a conviction for false imprisonment, the prosecution must prove that:

  • You detained or restrained another person. Whether or not you used force or violence to detain the person will determine the nature of your charges.
  • You made the person go or remain somewhere against their will.

False imprisonment is a wobbler. The prosecution could file felony or misdemeanor charges against you depending on different factors in your case. You will be charged with a misdemeanor if you held or detained the alleged victim without violence or force. A misdemeanor conviction under this statute results in a jail sentence of up to one year and a $1,000 fine.

If the victim of your crime is an elder or a dependent, you will be charged with a felony. The prosecution can also file a felony charge against you if you applied force when detaining the victim. As a felony, the offense is punishable by a prison sentence of up to four years.

Criminal Threats

You could be arrested and charged under PC 422 if you make threats of death or serious bodily injury to another person. The elements that must be clear to secure a conviction against you for this offense include:

  • You willfully threatened to injure or kill another person.
  • You made the threats through writing, oral, or electronic communication.
  • You intended for your statements or communication to be understood as a threat.
  • The threats were clear and unconditional.
  • Your threats caused the alleged victim to fear for their life.
  • The victim’s fear was reasonable.

You could be charged with criminal threats and dissuading a victim or witness if you threaten to injure a witness for giving testimony against you. Evidence of injury or death is unnecessary to prove your guilt under Penal Code 422.

A violation of Penal Code 422 can attract a felony or misdemeanor charge. When charged as a misdemeanor, you will be sentenced to a maximum of one year in county jail and a fine not exceeding $1,000. A felony conviction for this offense will see you spend up to three years in state prison.

Sometimes, there are multiple witnesses or victims in your case. You could be charged with multiple counts if you threaten multiple people or make threats on different occasions. This could see you spend a substantial period behind bars. Seeking legal guidance if you face charges for this offense.

Bribery of a Witness

Under California PC 137, it is unlawful to offer a bribe to a witness to influence their testimony or cooperation with law enforcement. You could be charged with this offense instead of dissuading a witness if the prosecution can prove these factors:

  • You offered a bribe to a witness. In this case, a witness is someone whose testimony is critical to a criminal case. A bribe could be money, something valuable, or a beneficial favor.
  • You acted with corrupt intent. The prosecution must prove that your actions were geared toward personal benefit.

Bribing a witness attracts felony charges. A conviction for the offense could see you spend up to four years behind bars.

Kidnaping

California law defines kidnapping as moving a person a substantial distance through force or fear against their will. You could attract kidnapping charges if you move a victim or witness to prevent them from attending a trial or aid law enforcement officers in investigating your case.

The prosecution must prove the following factors to establish your guilt under PC 207:

  • You moved another person a substantial distance away.
  • The victim did not consent to your acts.
  • You used force, fear, or fraud to accomplish the crime.

A violation of PC 207 is a felony. Depending on the facts of your case, you could be charged with simple or aggravating kidnapping. A conviction for simple kidnapping will result in a prison sentence of three, five, or eight years. Charges for aggravating kidnapping will arise under the following circumstances:

  • You committed the crime against a child under fourteen years of age.
  • You caused severe bodily injury to the victim when committing the crime.
  • You hold a victim and demand ransom.
  • You kidnap a person during a carjacking.

An aggravated kidnapping conviction will result in a prison sentence of up to eleven years if the victim is a minor. Kidnapping for ransom that causes serious injury or death to a victim could result in life imprisonment without the possibility of parole.

Find Expert Legal Guidance Near Me

A simple act like trying to convince a friend not to testify against you in a criminal case or report your wrongdoings could land you in serious legal trouble. You will be arrested and charged under California Penal Code 136.1 for dissuading or intimidating a witness or victim. Acts that suffice under this statute include intimidating the victim or witness to prevent them from testifying against you, aiding in the prosecution process, or assisting law enforcement officers in the arrest process.

Depending on the specific circumstances of your case, your violation of PC 136.1 could attract a felony or misdemeanor charge. A conviction for intimidating or dissuading a victim will attract a lengthy jail or prison sentence and substantial fines. Additionally, the conviction will have severe collateral consequences, including difficulty obtaining employment, deportation of immigrants, and the loss of a professional license.

If you face charges for dissuading a victim or intimidating a witness, you will require expert legal guidance to navigate the case. At the California Criminal Lawyer Group, we will work hard to protect your rights and build a solid defense against your charges. Call us today at 661-750-8230 for a consultation.