Intimidating or Dissuading a Witness or Victim

Examples of Acts That Can Attract Penal Code 136.1 Charges

Various acts, some of which you did not even imagine were unlawful, could attract PC 136.1 charges, including the following:

• Threatening a witness that you will expose his/her embarrassing information
• Requesting an eyewitness to modify his/her story and drop any charges
• Threatening the victim’s family
• Offering a witness a gift or money to prevent him/her from testifying or to change his/her story
• Damaging or threatening to damage a witness’s car or any other property when he/she testifies
• Using a third party to threaten or intimidate an eyewitness with physical violence
• Pressuring a victim not to report a criminal offense

If the witness is a victim of the underlying criminal offense, the prosecution team could file PC 136.1 charges against you.

What the Arraignment Hearing is Like After an Arrest as an Offender in a PC 136.1 Case

After an arrest as a suspect in any criminal case, whether a felony or misdemeanor, the arraignment proceeding will be your initial court appearance. The arraignment usually comes forty-eight (48) hours following an arrest and booking, unless the alleged violation occurred on a public holiday or weekend.

You can attend this hearing with your attorney or request the court appoint a public defender to offer you legal representation. Either way, the judge must read your legal rights before proceeding with the hearing. Generally speaking, during this proceeding, you should expect the following:

• Your attorney will address any pending orders that apply to your unique case, including a protective order
• Your attorney will petition the court to eliminate your bail or reduce it to a lower amount
• The judge will allow you to enter an initial plea

Remember, you can ask the court to postpone the arraignment for a reasonable time if you require more time to consult an attorney for legal representation on the alleged charge.

While the court can appoint a public defender on your behalf, consulting with a personal criminal defense attorney is paramount because he/she is more likely to dedicate adequate time to your unique case to secure a favorable outcome.

If you go for the “not guilty” plea, the court will move to the next phase of the justice system, the pretrial proceeding. When you enter a “guilty” plea, your case will proceed to the sentencing hearing to determine the appropriate sentence for your offense.

On the other hand, the “no contest” plea means you accept a conviction for the alleged charge, but the prosecutor cannot apply this plea against you. Most attorneys recommend choosing a “not guilty” plea because you can change this plea later on before your case’s trial verdict. A “not guilty” plea is also advisable if the prosecutor lacks sufficient evidence against you.

What to Expect at the Pretrial Proceeding When You Have PC 136.1 Charges

If the court does not dismiss your charge at the arraignment, your case will proceed to the pretrial phase. As the name suggests, the pretrial proceeding encompasses all events that occur before your case’s trial, such as:

• Filing of motions asking the court to take specific actions. For example, you can file “a motion to suppress,” requesting the court to exclude certain illegally-acquired evidence from your specific case
• “Discovery” or evidence exchange between the prosecutor and your attorney

The pretrial hearing is a key opportunity for your criminal defense attorney to challenge the prosecutor’s case against you. If the prosecutor fails to provide probable cause to show the judge sufficient evidence to continue prosecuting you, the court could dismiss or reduce your charges.

The Trial Hearing for a PC 136.1 Charge

Your PC 136.1 charge will proceed to the trial hearing if a favorable outcome is not achieved at the pretrial stage. While you have a legal right to a speedy trial, you can delay it for weeks or months.

Since this is the phase in which you will receive the final verdict on your case, prior preparation is crucial to know what to expect and increase your odds of securing a desirable outcome. Generally speaking, the verdict in your PC 136.1 case can be determined by a judge during a bench trial or anonymously by 12 jurors in a jury trial.

Whether your case is a felony or a misdemeanor, you have the legal right to a jury trial. Whether your case verdict should be determined through a bench or jury trial is a vital decision your attorney can help you make.

Either way, for a PC 136.1 violation conviction, the prosecutor must prove some aspects of the crime during this hearing, including the following:

You Acted Maliciously and Knowingly

When you act knowingly, your act is willful and purposeful. Since a PC 136.1 is a specific-intent offense, the prosecutor must prove to the court that you were the other person, and your acts towards him/her qualify as intimidation.

Further, the prosecution team must prove that you were aware that dissuading or intimidating the victim or witness would prevent him/her from testifying or reporting the offense to relevant authorities. The prosecution team must also prove with clear evidence that your acts were malicious, meaning you intended to cause annoyance or harm.

You Attempted to or Dissuaded the Victim or Witness

You commit a PC 136.1 violation when you actively attempt to discourage or stop a victim or witness from doing the following:

• Assisting in a police investigation
• Filing a report with the relevant law enforcement authorities
• Testifying in a criminal court
• Making an appearance in a scheduled court proceeding
• Taking any action that could lead to your arrest or criminal prosecution

You Knew or Had a Good Reason to Suspect the Person Was a Witness or Victim

Another fact the prosecutor must prove with clear evidence at trial is that you knew that the person subjected to threats or intimidation was either:

• A witness — The person with knowledge of the criminal case or whose his/her testimony could be influential on the outcome of the case
• A victim — A person sustained an injury or incurred a loss due to the offense

It is important to note that the prosecutor can secure a guilty verdict against you under PC 136.1 even if your acts dissuading or intimidating the victim or witness from not testifying or reporting the offense were unsuccessful.

Potential Legal Penalties for a PC 136.1 Charge Conviction

If the prosecutor’s evidence and arguments against you at trial are successful, meaning they are convincing beyond a reasonable doubt, the court will likely convict you for a PC 136.1 violation. When that happens, the judge will schedule a sentencing hearing to determine the ideal sentence for your unique case.

The seriousness of the penalties or sentence you will face will depend on whether your PC 136.1 charge is a felony or misdemeanor. For non-serious cases, the prosecution team will file your PC 136.1 charge as a misdemeanor, which carries the following punishment:

• Up to $1,000 maximum fine
• Misdemeanor probation
• An imprisonment of up to one (1) year

For serious PC 136.1 cases, you could face felony charges. Your case is more likely to attract felony charges if:

• You coerced the victim not to testify or report the offense
• You used extreme force against the witness or victim
• There is a previous conviction on your record, especially for a similar or related offense

When the prosecution team secures a PC 136.1 charge conviction against you as a felony, your sentence could include:

• Two, three, or four years of jail term
• A fine not exceeding $10,000
• Felony probation

In addition to the above penalties, a felony PC 136.1 charge could attract a strike on your record under the Three Strikes Law if the prosecutor can prove you used threats or force against the victim or witness.

Aggravating Factors That Could Increase the Above Penalties

The sentence you will face for a PC 136.1 charge conviction will become harsher if your case has certain aggravating factors or circumstances. For example, you could face a longer prison sentence or heftier fines if:

• You used threats or violence
• Your offense is linked to a gang-related activity
• Multiple witnesses or victims were involved
• You conspired with several other people to intimidate the victim
• The witness was a victim of a domestic violence-related case
• You committed the offense while you were out on bail

If these aggravating circumstances or factors exist in your PC 136.1 case, you could face an additional and consecutive jail term on top of the standard jail term mentioned above. Aggressive legal representation at every stage of your case is key to securing a desirable outcome.

A seasoned attorney understands the suitable legal tactics that can weaken the prosecutor’s case against you for the best possible result, including a lighter charge or case dismissal.

Viable Legal Defense Arguments to a PC 136.1 Charge

While the penalties of a conviction under this statute can be harsh, the good news is that a reliable attorney can challenge the offense using various legal defenses to prevent a possible conviction or secure a lighter sentence. With the legal assistance of a skilled attorney, the following legal defenses could work in your favor to receive a desirable outcome:

You Acted Without Knowledge or Malice

Recall that a PC 136.1 is a specific intent crime, meaning the prosecution must prove you acted knowingly and maliciously to secure a guilty verdict against you. Therefore, your attorney can challenge these allegations by arguing that your act was not intentional or malicious.

For example, it would be possible for the victim or witness to misunderstand your words or advice towards him/her as intimidation to stop filing a police report about the offense.

The Person involved Was Not the Witness or Victim

When your attorney asserts this legal defense, it means he/she accepts that he/she threatened someone, but that person was not the victim or witness of the offense. While this legal defense could work to your advantage to avoid a PC 136.1 violation conviction, the prosecutor could file criminal threats charges against you.

Therefore, this legal defense argument is only advisable when negotiating a plea to secure a lighter charge.

Someone Falsely Accused You

False accusations and wrongful arrest are prevalent in some crimes, especially those related to domestic violence. For example, your wife might go to the police and falsely report that you have abused or assaulted her following a furious argument. When she tried to make a call for legal assistance, you threatened her with more severe harm.

In this scenario, the prosecution team could wrongfully charge you with a PC 136.1 violation, leading to a conviction without aggressive legal representation. A skilled attorney will keenly evaluate your unique case and perform a separate investigation to gather adequate evidence to determine the allegations’ inaccuracy at trial.

You are a Victim of Police Misconduct

Law enforcement officers work under stringent laws and rules when conducting their investigations. Unfortunately, these officers can breach or violate your constitutional rights by refusing to adhere to the required legal procedures.

Prevalent police misconduct issues involve illegal arrest, wrongful detention, and failure to inform you of your legal rights to a legal representative. If your criminal defense attorney can satisfactorily prove to the court that the arresting law enforcement officers breached your legal rights during the investigation, the court could consider all or part of the evidence obtained inadmissible.

That means the prosecution team cannot apply that evidence to convince the judge to convict you for a PC 136.1 violation.

The Prosecutor’s Evidence Against You is Insufficient

When your PC 136.1 case reaches the trial stage of the criminal court process, the prosecutor will have a legal burden to prove all his/her facts beyond a reasonable doubt. To do that, the prosecutor must provide sufficient evidence to support his/her arguments, such as

• Your text messages, recordings, or any other proof that can show you threatened or intimidated the victim
• Surveillance videos showing you threatening the victim or witness

With sufficient evidence to support the vital elements or facts in your PC 136.1 case, the judge could reduce or dismiss your charges.

Other Potential Consequences of a PC 136.1 Violation Conviction

The above-mentioned legal penalties are not the only ones you could face following a PC 136.1 violation conviction. In addition to these standard legal penalties, a conviction under this statute could carry the following negative consequences:

Loss of Your Gun Rights

A felony PC 136.1 violation conviction could lead to losing your gun rights under PC 29800(a)(1). According to this statute, it is illegal for a convicted felon to possess or own a firearm. A firearm is any device that is designed to be used as a weapon and can expel projectiles through a barrel via an explosion or force, including a shotgun or pistol.

When charged with a PC 29800(a)(1), a conviction could carry sixteen months or two or three years of jail time. Revocation of your gun rights could significantly impact your life, especially if you are a licensed hunter. Therefore, aggressively fighting the underlying PC 136.1 charge is key to avoiding these possible repercussions of a conviction.

Deportation

Certain serious offenses, including the crimes of moral turpitude and aggravated felonies, typically have negative immigration consequences after conviction. Since the prosecutor can file a PC 136.1 violation as a felony, you could face negative immigration consequences, including deportation, if your case’s specific facts and circumstances make it an aggravated felony.

A deportation could significantly impact your life, especially as a student or businessperson.

Crimes Closely Related to a PC 136.1 Offense

Due to their nature and facts, certain crimes are closely related to a PC 136.1 offense. That means the prosecutor can file any of them against you when his/her available evidence is insufficient to secure a conviction against you under PC 136.1. Below are common crimes related to a PC 136.1 offense:

Criminal Threats

PC 422 defines criminal threats and the potential sentence you could face following a conviction. According to this law, you commit the crime of criminal threats when you threaten to harm or kill a person and

• He/she sustains a reasonable fear for his/her life or safety
• The threat is unequivocal
• You communicated the threat in writing, verbally, or electronically using a phone, tablet, laptop, or any other device

Since it is a wobbler, when charged as a felony, a PC 422 charge conviction will carry the following sentence:

• Eighteen months to two or three years of jail term
• Not more than $10,000 in fines

However, when your violation is a misdemeanor, a conviction under this statute will carry a lighter sentence, including:

• Up to $1,000 maximum fine
• Up to one year of jail time

False Imprisonment

According to PC 236, you commit the crime of false imprisonment when you detain, restrain, or confine someone else without his/her consent. If the prosecutor has evidence that you restrained or confined the victim or witness to prevent him/her from testifying or filing a police report, he/she could file imprisonment charges against you.

It is worth noting that, unlike a PC 136.1 violation, for the court to convict you for a PC 236 violation, the prosecution team must prove there was some physical contact between you and the other person. Following a PC 236 violation conviction, you could face misdemeanor or felony penalties because it is a wobbler.

A misdemeanor conviction under this law could carry a fine not exceeding $1,000 and detention in the county jail for not more than one (1) year. However, if your offense is a felony, your penalty could include a fine of not more than $10,000 and not more than three years of imprisonment.

Kidnapping

PC 207 makes it unlawful to move someone a substantial distance using threats or force to make him/her cooperate. The prosecutor is more likely to file PC 207 charges against you if you tried to dissuade or intimidate the witness or victim by kidnapping him/her. These circumstances could raise your offense to aggravated kidnapping.

A kidnapping charge conviction is punishable by up to eight years of detention in the state prison and a fine not exceeding $10,000.