Dissuading or Intimidating a Witness - Penal Code 136.1 PC
State law makes it illegal to threaten another person through witness intimidation under California Penal Code 136.1 PC, whether verbally or physically. Intimidating a partner is a criminal offense, and the charges could be filed against any person who shares a household, including boyfriend/girlfriend, husband/wife, divorced spouses, cohabitants or parents of children.
The charges can be filed against same sex or heterosexual couples. The types of intimidation that are illegal include threats to stop a partner from communicating with police, from filing a police report, or from giving testimony in court.
If you are accused of this crime, it is imperative that you engage the services of a high quality Los Angeles domestic violence attorney. Aggravated trespassing is defined under Penal Code 601 PC.
At Cron, Israels & Stark, our legal team has over 80 years of combined experience, and have the highest possible peer review rating – AV®, or preeminent in criminal defense law.
We are also a firm that is made up of attorneys that are certified specialists in criminal law, a credential that less than 1% of attorneys can claim.
Penalties for Intimidating a Partner
This charge can be filed as either a misdemeanor or felony. If you are facing a misdemeanor, you could be punished with jail time and fines. If you are facing a felony charge of intimidation, you are likely to get 2 – 4 years in state prison and a fine as high as $10,000.
The fact of intimidation can be in dispute, and in fact the accusation could be false. These can be difficult cases for a judge or jury to evaluate.
When one person makes a claim against another, it comes down to which person is believed. An alleged victim can put on a convincing show, and this can impact the outcome of a case. This is when you need an attorney that is highly skilled in presenting a persuasive case for the defense.
The jury is listening to every word. It is imperative that your case is presented with the highest level of professional skill, is well-crafted and organized, and persuasive.
A charge of intimidation could be related to another charge of stalking or harassment. Raising your voice, yelling, screaming, or breaking something all could be deemed to be forms of intimidation and domestic violence.
It is not necessary for any actual physical harm to have come to the alleged victim, but that the person was intimidated by the actions of the other person. It should be noted that if you intentionally detain someone and not allow them to leave when they want, it's considered false imprisonment.
Verbal communication can get out of hand, in marriages and other relationships. It is a tragic consequence that a fight can escalate to the point where law enforcement gets involved and charges are filed.
One you are facing charges, you have no option other than to get an attorney that will help you fight back.
The damage to your personal and professional reputation can be extreme if you are convicted, and you deserve to have a domestic violence defense attorney on your side that will do everything possible to protect you.
Many cases of intimidation are related to a domestic violence case, and the belief that the alleged victim was intimidated and threatened so that he or she would not testify.
Many people who are accused of domestic violence are under a restraining order, and not allowed to contact the alleged victim.
If this order is violated and the person is contacted and asked not to testify, you can expect that charges of intimidation will be tacked onto your charges, adding further penalties and fines if you are convicted. Don't take chances with your future. Contact Cron, Israels & Stark today.