Dissuading a witness or victim occurs when you tamper with or intimidate a witness or victim of a crime. You can prevent them from testifying, reporting a crime, or cooperating with law enforcement. This offense is a 'wobbler,' meaning prosecutors may charge it as a misdemeanor or felony depending on case specifics and the defendant’s criminal history.
The penalties for a felony conviction for intimidating a witness include a maximum of four years in prison and a fine of $10,000. It will also result in other severe consequences because of the detrimental criminal record a conviction leaves you with. You can avoid these consequences by fighting your charges during the trial. Our Palm Desert defense attorneys at Desert Defense Lawyers are trained and experienced in handling violence-related charges. We can help you push for a reduction of your charges or case dismissal.
The Legal Definition of Dissuading a Witness or Victim
The law against dissuading a witness or victim is under PC 136.1 of the California Penal Code. This law defines this offense as tampering with, intimidating, or preventing a witness or victim of a crime from assisting the police or prosecutor during the crime investigation or the trial. The law is mainly used against the following people:
- Those who willfully and maliciously prevent or attempt to prevent a victim or witness from giving testimony or attending a trial, legal proceeding, or a legal inquiry about a particular crime
- Those who willfully and maliciously prevent a victim or witness of crime from reporting victimization to a police officer or any peace officer
- Those who hide or cover up for a person who has dissuaded or intimidated a witness or victim of a crime
- Those who prevent the police or prosecutor from finding out about a complaint or information about victim or witness intimidation
With so many ways in which people violate this law, prosecutors must ensure that your case satisfies all the elements of the crime to file charges and push for a guilty verdict during the trial. The elements or facts of the crime constitute the legal definition of this crime, and they include the following:
- You dissuaded or prevented a witness or victim of a crime from doing any of the following:
- Reporting a crime
- Assisting in the prosecution process
- Assisting in the arrest process
- Testifying or attending a judicial proceeding
- Your behavior was willful and malicious
Here are examples of actions that can satisfy the legal definition of this crime:
- A person sends an article to a victim or witness that reports how witnesses in a similar case were injured or murdered after testifying
- Meeting up with or contacting a victim or witness to a felony to warn them against getting involved unless they want their family hurt
- Offering or promising a substantial amount to a victim or witness in exchange for not reporting a crime or testifying against you during the trial
A closer look at these elements provides a clearer understanding of the law:
Acting Willfully and Maliciously
PC 136.1 requires the prosecutor to prove specific intents for the court to give a guilty verdict. The district attorney must prove that your behavior was willful and malicious.
Acting willfully means knowing the nature and possible consequences of your actions. You should have known that what you were doing was unlawful. For example, if you threaten to retaliate against a victim for reporting you to the police, you must be aware that doing so is wrong.
Acting maliciously means your behavior was intended to injure, intimidate, or annoy the victim.
Example: Lizzy witnesses a domestic violence situation in her home, where her sickly father is gravely injured by her stepmother. She reports the crime to the police after taking her father to the hospital for treatment. Her stepmother approaches her to persuade Lizzy to drop the charges. She threatens to kick Lizzy and her sickly father out of their home if she pursues the matter.
Lizzy’s stepmother is guilty of intimidating a witness. She is fully aware of her actions and does it to intimidate or annoy Lizzy and her father.
Victim or Witness
This refers to anyone who believes another person has committed a federal or state crime. A victim believes that another person has committed a crime against them. A witness believes they have seen, experienced, or heard the commission of a crime. Prosecutors rely on victims and witnesses to piece together the events leading up to a crime for a fair and effective resolution. A person who dissuades or intimidates a victim can hinder this process. They interfere with a judicial process, which could prevent a crime from being solved or cause an innocent person to be blamed for someone else’s actions.
Dissuading a witness refers to any action you willfully and maliciously take to intimidate or prevent a witness from assisting the police or prosecution. You do not necessarily have to be successful in preventing the victim or witness from testifying or assisting in a judicial process. Even attempting to dissuade a witness can cause the prosecutor to file felony charges against you.
Penalties for Dissuading a Witness or Victim
Dissuading a witness or victim is a wobbler, meaning the district attorney can prosecute it as a misdemeanor or felony. The district attorney’s decision mainly depends on the case circumstances and the defendant’s criminal record. Misdemeanor and felony convictions attract severe penalties as provided below:
A misdemeanor is a less severe version of the offense, punishable by these penalties:
- A maximum jail time of one year
- Up to $1000 in fines
A felony conviction will likely result in these penalties:
- A maximum of four years in prison
- Up to $10,000 in fines
The district attorney can bring felony charges against you under the following circumstances:
- The dissuasion or intimidation of a witness or victim is part of a larger conspiracy to interfere with the judiciary process regarding a particular crime
- You accomplished the crime using violence or issuing threats of bodily harm
- You have a prior conviction for the same or a similar crime in your criminal record
- Someone hired you to dissuade or intimidate a victim or witness
Misdemeanor or Felony Probation
Generally, a misdemeanor or felony conviction results in a jail or prison sentence, respectively. However, the court can penalize you to probation instead of detention. Misdemeanor probation is usually used in misdemeanor cases, and felony probation is used for felony cases. Being on probation means serving your sentence out of detention.
Misdemeanor probation can last for up to two years. The judge determines the length of your probation, depending on the circumstances of your case. They will also set some probation conditions for you to abide by throughout probation. Being on misdemeanor probation means you will be under the supervision of the court. You must report to the judge periodically so they can assess your progress. If you violate your probation, the court can take action against you, including canceling probation and sending you to jail or prison for the required period.
Felony probation can last for up to five years. The judge will put you under the supervision of the probation department. An officer will be assigned to ensure you perform well during the probation. You must meet regularly with them to discuss your probation progress. The officer will compile a report after your probation, which they will present in court to make the end of your probation. If you violate this probation, the court can cancel it and send you to prison for the recommended period.
Here are examples of probation conditions the judge can set for you during sentencing for dissuading a witness:
- Not to engage in criminal acts while on probation
- To participate in community work for a particular number of hours
- To present periodic reports about their performance to the court or meet regularly with your probation officer
- To enroll in and complete a counseling or treatment program recommended by the court
- To pay victim restitution if it applies to your case
- To make timely payments for all charges regarding your case, including court fines
Loss of Gun Rights
You could lose your gun rights after a felony conviction for dissuading a witness. This is because felons are not allowed to possess, purchase, or use firearms in California. If you own or have a gun, you can sell or surrender it after the conviction.
Immigration Consequences
A felony conviction for dissuading a witness can have severe immigration consequences for you if you are an immigrant. Generally, convictions that affect your immigration status are for crimes of moral turpitude. These include aggravating felonies. If you used violence to intimidate or dissuade a witness, and the details of your crime qualify it as a violent felony, you could be subject to deportation or being marked as inadmissible to the United States.
If the judge orders your deportation, you will be removed from the United States within the set dates. If you are marked as inadmissible, you cannot return to the country after traveling to any other country.
The Outcome of a Severe Criminal Record
A conviction under PC 136.1 will result in a record that can remain in your criminal account for years. Misdemeanor and felony records can affect different areas in your life for a very long time, even after serving your time and honoring all your sentencing requirements. Sadly, your criminal record is usually a public matter. Anyone who checks your background will find out about your arrest and sentencing. Some people will determine how to treat you based on what they find in your criminal account.
For example, an employer can refuse to hire you based on your criminal record, regardless of your qualifications. A landlord can refuse to rent or lease you for the same reason. Insurance companies are known to raise insurance rates for people with severe criminal backgrounds. Loan lenders can deny you a loan or give you a higher rate for the same reason.
These are some of the challenges you could face after a criminal conviction. However, you can avoid them all by fighting your charges and pushing for a favorable outcome in your case.
Defense Strategies for Dissuading a Witness or Victim
The effects of a conviction for dissuading a witness can affect your life in many ways. In addition to serving a lengthy prison sentence and paying a hefty court fine, it leaves you with an unfavorable criminal record that will affect your social and professional lives. However, you can influence the outcome of your case through the legal defense with the help of an experienced criminal attorney. Here are some of the strategies your legal defense can use to push the court to drop or reduce your charges:
Your Behavior Was not Willful or Malicious
Remember that dissuading a witness is a crime with a particular intent. The DA must demonstrate that your behavior was deliberate and malicious. You must have known that your behavior was unlawful and intended to intimidate, annoy, or harm the witness or victim. If not, you can use this strategy to cause the judge to drop your case.
Your defense attorney can cite that you were only concerned about the victim's well-being, especially if they were visibly scared to appear in the same meeting or hearing with the perpetrator. They can convince the jury that you only tried to stop the witness from attending the judicial meeting or hearing because of their safety or well-being and not to interfere with a court process.
There Was No Witness or Victim of a Crime
Suppose you face accusations for intimidating a witness or victim of a crime and do not know the person was a witness or victim. In that case, you can negotiate a favorable resolution for your case. PC 136.1 requires you to dissuade or intimidate a victim or witness knowingly. This means you must know that the person you are intimidating or dissuading is expected to testify in a particular crime. If you did not have this knowledge or the alleged victim is not a victim or witness to a crime, you are not guilty under this law.
However, if you threatened, harassed, or intimidated them, you could be guilty of another crime, like issuing criminal threats, even if the person is not a witness or victim.
The Accusations are False
A false accusation of dissuading a witness can cause you to pay heavily for a violation you are not guilty of. False allegations in cases like these are widespread. Prosecutors, the police, and even judges have encountered such cases numerous times in their careers. However, just saying that you are a victim of false accusations will not help your situation. You must support your claim with credible evidence for the judge to dismiss your case.
Your accuser could be jealous or vengeful. A skilled attorney will investigate your past relationships or interactions to determine the genesis of their jealousy or desire for revenge. They can also use other legal strategies, like entrapment, to cause your accuser to admit to filing a false accusation. If this works, the judge will dismiss your case.
Your Arrest Was Illegally Done
Whether you are guilty of dissuading a witness, the police must handle you with dignity and follow the required procedures for arresting and investigating the crime. Sometimes, this does not happen, and so many defendants are mishandled by law enforcement officers, especially during arrest. You can use your unlawful arrest to avoid the severe results of a conviction for dissuading a witness.
Your arrest can be unlawful if the police do not have probable cause or a warrant. You can also file an illegal arrest if the police do not read your Miranda rights. If an officer violates your rights or uses force or threats during an arrest, you can use that to your advantage during the trial. The judge will not conduct a trial for someone illegally arrested. Any evidence the police will have gathered after your illegal arrest will be inadmissible in court.
Find an Experienced Criminal Defense Lawyer Near Me
Do you face accusations for dissuading a witness or victim in Palm Desert? The penalties you will likely receive upon conviction are life-changing. You could spend up to four years in prison, pay a court fine of up to $10,000, and continue to suffer socially and professionally due to the resulting criminal record. However, you can avoid all this by assisting a competent criminal defense lawyer. You can fight even the gravest charges with an experienced criminal attorney.
At Desert Defense Lawyers, we understand how important it is for you to receive a favorable outcome in a criminal case like this. That is why we use our best defense strategies to fight all kinds of criminal charges for our clients. We also ensure our clients enjoy a seamless legal process and their rights are protected. Contact us at 888-293-0396 to learn more about your case, possible outcome, defense options, and our services.
