California Penal Code 136.1 PC defines the grave offense of dissuading or intimidating a witness or victim, a transgression that can result in either a misdemeanor or felony charge. This statute, commonly referred to as “witness tampering,” is a crucial element in domestic violence cases, underscoring the profound seriousness of the issue.
Witness intimidation charges can be filed against someone for various types of conduct, including intimidating a witness or victim into not reporting a crime, failing to provide testimony about the crime, and failing to assist in the prosecution or arrest process.
Penal Code 136.1 PC defines dissuading or intimidating a witness as “any person who knowingly and maliciously prevents or dissuades a witness or victim, or attempts to prevent them from providing testimony at any proceeding, or to make a report that could lead to criminal action being taken.”
As you can see, even if an attempt to dissuade or intimidate a witness or victim fails, the potential consequences are severe: arrest, prosecution, and conviction under this statute. In 2020, California lawmakers passed a bill (SB 273) that extends the statute of limitations for domestic violence to five years, further highlighting the gravity of the situation.
Many domestic violence cases are prosecuted without the victim's cooperation. This means that even in domestic violence cases where the victim refuses to testify, the prosecution can still obtain a conviction without the victim's testimony, ensuring that such obstacles do not hinder justice.
Let's review an example of potential witness tampering under this statute. A defendant was charged with aggravated assault and he is well aware that the prosecutor only has the victim to provide testimony.
Before the trial, the defendant calls the victim and tells them they will regret giving testimony in court. The intent of this statement is not in doubt, as it is intended to intimidate the witness and potentially influence the outcome of the trial. Further, the call was made to prevent the witness from appearing in court. In this example, the defendant violated Penal Code 136.1
Factors That Must Be Proven
To convict a defendant of PC 136.1 dissuading a witness, the prosecutor has to be able to prove numerous factors that are commonly known as the elements of the crime (CALCRIM 2622), including:
- knowingly dissuade a witness or victim of a crime;
- from providing testimony at a judicial proceeding or
- report a crime to the police, or
- assist the prosecutor in preparing their case or
- assist police in the apprehension of the suspect.
An “attempt” to dissuade or intimidate a witness is enough to support a Penal Code 136.1 conviction.
As previously mentioned, even an unsuccessful attempt to dissuade or intimidate a witness or victim can lead to arrest, charges, and conviction under this statute. This underscores the significant repercussions of such actions.
Penalties for Dissuading a Witness
Witness intimidation, in violation of Penal Code 136.1 PC, is a “wobbler” offense —a term used to describe crimes that can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the defendant's criminal record. This flexibility enables the prosecution to tailor the charges to the severity of the offense, potentially resulting in more severe consequences for the defendant.
It should be noted, however, that a prosecutor is more likely to file felony charges when there is proof that the defendant:
- intimidated of the victim accomplished by the use of threats or violence,
- was hired by another person in a larger conspiracy or
- has prior witness intimidation conviction.
Thus, punishment will depend on the level of charges filed by the prosecution.
A PC 136.1 misdemeanor conviction is punishable by:
- up to one year in county jail,
- a fine of up to $1,000, or both
- summary probation.
A felony conviction is punishable by:
- two, three, four years in a California state prison,
- a fine of up to $10,000, or both
- formal probation
Further, a witness intimidation conviction will require the defendant to pay victim restitution. If the judge grants probation, the court orders the defendant to complete specific terms, such as community service hours and anger management classes.
Related California Crimes
- Penal Code 422 PC – criminal threats,
- Penal Code 236 PC – false imprisonment,
- Penal Code 137 PC – bribery of a witness over testimony,
- Penal Code 138 PC – bribery of a witness about trial attendance,
- Penal Code 207 PC – kidnapping.
What are the Best Defenses?
If you were accused of tampering with a witness, our criminal attorneys can use various defenses to fight the charges. These defenses could include arguing that you had no intent to prevent the witness or victim from providing testimony, or presenting evidence that the allegations against you are false or insufficient to obtain a conviction beyond a reasonable doubt. These defenses provide a glimmer of hope in what may seem like a dire situation.
It might be possible to argue that you did not intend to prevent the witness or victim from providing testimony.
Further, we can produce evidence that the allegations against you are false or insufficient evidence to obtain a conviction beyond a reasonable doubt. Violating Penal Code 136.1 PC is a serious crime with harsh consequences.
If you or a family member is under investigation or has already been charged with witness intimidation in violation of PC 36.1, please contact our law firm to review the details.
Our experienced attorneys could potentially negotiate with the prosecutor for reduced charges or even a case dismissal, providing a beacon of hope in what may seem like a dire situation.
Further, we may be able to persuade the prosecutor to file charges before the court through prefiling intervention. This strategy involves presenting evidence and arguments to the prosecutor before charges are formally filed, with the goal of preventing the charges from being filed or reducing their severity. It's a proactive approach that can significantly impact the outcome of your case.
Cron, Israels & Stark is a top-ranked criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025. We also have an office at 401 Wilshire Blvd #1200, Santa Monica, CA 90401. We offer a free case evaluation at (424) 372-3112.
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