Intimidation occurs when someone uses force or threats to stop or prevent a witness. In California, this is illegal and chargeable. There are various forms of intimidation in Sacramento County that could result in fines or imprisonment. Let's take a closer look.
Is Intimidation Illegal in California?
Intimidating a witness is a criminal offense in Sacramento, California, and is covered under California Penal Code 136.1 PC. Specifically, it's illegal to maliciously and knowingly prevent a witness or victim from giving testimony at trial.
Under California law, whether the defendant was successful or not in preventing testimony is irrelevant. The mere attempt to stop a witness or victim from cooperating with a local law enforcement officer is enough for a criminal charge.
Likewise, it does not matter whether or not the alleged victim or witness actually was intimated or injured during the process. Overall, simply physically or verbally threatening a witness or victim via intimidation is illegal.
These criminal charges are often linked to domestic violence, stalking, and harassment cases.
What Is Considered Intimidation in California?
Under Penal Code 136.1, it is a crime to knowingly and maliciously do any of the following, or try to:
- Prevent or dissuade a witness or victim from testifying in court
- Prevent or dissuade a victim or witness from reporting a crime to a law enforcement official
- Prevent or dissuade someone from filing a police report or helping with a prosecution
Screaming, raising your voice, or arguing are not crimes in themselves. In a domestic setting, conduct may be charged under separate domestic violence laws, such as domestic battery, stalking, cyberstalking, criminal threats, or damaging a phone line to stop someone from calling for help. Each of these offenses has its own elements that the prosecution must prove.
Anyone who has been charged with a domestic violence or witness intimidation case in California should immediately seek the assistance of a Sacramento criminal defense attorney. A criminal lawyer in Sacramento CA will be able to review the case details and develop a legal strategy. It's crucial not to make any statement to police officials during this time, as it will be used in the case.
Legal Penalties for Intimidation
Intimidating a witness or victim under Penal Code 136.1(a) or (b) is a wobbler, meaning it can be charged as a misdemeanor or a felony. A misdemeanor carries up to one year in county jail. A felony carries 16 months, 2 years, or 3 years in state prison.
Under Penal Code 136.1(c), the offense is a straight felony with 2, 3, or 4 years in state prison if it involves force or a threat of violence, is part of a conspiracy, is done for payment, or the defendant has a prior conviction for the same offense.
A felony conviction under Penal Code 136.1 is a serious felony, which counts as a strike under California's Three Strikes law. A misdemeanor conviction triggers a 10-year ban on owning or possessing a firearm (Penal Code 29805).
It is possible for an accused to dispute the intimidation claim. However, this is often challenging for a judge or jury to assess. Deciding who to believe is often very complex. Therefore, anyone facing this charge should consider hiring a lawyer who can present their case. A lawyer can also help with questions like Can you threaten to sue someone California?
An intimidation charge can be extremely damaging to one's reputation and professional career. Hence, it's crucial to have a professional attorney who's willing to fight for their clients' rights.
When dealing with an intimation charge, it's essential to also consider a restraining order. Violating a restraining order is a contempt of court under Section 166 of the California Penal Code and can result in a fine and jail time.
Building a Legal Defense Against a Witness Intimidation Charge
When it comes to domestic violence, enraged spouses often accuse their partners falsely.
It is possible for verbal exchanges to become excessive in a marriage or other partnerships. Unfortunately, these disputes may intensify to the point where the police are called and criminal accusations are made.
False charges could be filed by the abused spouse in an effort to gain the upper hand in a child custody or domestic violence case.
An accusation is not a conviction. The prosecution must prove every element of the charge beyond a reasonable doubt, and the defense does not have to prove anything.
A criminal defense lawyer in Sacramento can review whether the evidence is enough for a conviction.
Three of the common legal defenses used to raise a reasonable doubt are:
Falsely Accused:
False accusations are a legal issue that is commonly seen in domestic violence cases. This is often the case when a spouse says they were abused or that their partner threatened abuse when, in fact, they didn't. The defense does not have to prove that the accusation is false. Evidence that the accuser's story is not credible, or that the accuser had a motive to lie, can raise a reasonable doubt.
No Malice or Knowledge:
Remember that witness tampering is a criminal act with a particular intent. Thus, to be guilty, one's actions must be motivated by malice and knowledge. The prosecution must prove this intent beyond a reasonable doubt. The defense can raise a reasonable doubt by showing that the defendant did not act knowingly and maliciously.
No Victim or Witness:
Penal Code 136.1 applies only when the person was a victim or a witness to a crime. The statute does not require coercion or deception, but the prosecution must prove the person was a victim or witness. The defense can raise a reasonable doubt by showing that, even though the accused might have intimidated someone, that individual wasn't a victim or a witness to a crime. However, take note that, according to Penal Code 422 PC, this can still be another criminal offense: making criminal threats.
Expunging a Conviction
A person convicted of witness intimidation may be able to get their conviction dismissed (expunged) in these ways:
- Penal Code 1203.4: If the court granted probation, the person can petition after completing probation, after probation is terminated early, or in the court's discretion in the interest of justice.
- Penal Code 1203.4a: For a misdemeanor where probation was not granted, the person can petition one year after the judgment, if they have complied with the sentence, have no new charges pending, and are living an honest and upright life.
A person who was sentenced to state prison is generally not eligible for relief under these sections. While it's still possible to get a record expunged if a probation term is violated, this would have to be at the judge's discretion.
Contact an Attorney Today!
Anyone facing charges relating to criminal threats or intimidation should talk to a criminal defense attorney, as these are very serious allegations. A conviction of this nature can impact one's life drastically. It's important to seek the assistance of an attorney straight away in a witness intimidation case in Sacramento County. They can also answer questions such as Can you sue for emotional distress California?
At Goss Law in Sacramento, California, attorney Blair Goss defends people charged with witness intimidation and related offenses. Contact Goss Law today for a free consultation!
Need help with a case in Sacramento? Read about my criminal defense work, or tell me what happened.
This post is general information about California law, not legal advice about your situation. Laws change, and every case is different. For advice about your case, talk to a lawyer.