Allegations of witness intimidation or dissuasion are taken very seriously in California. A person can face criminal charges not only for trying to stop a witness from testifying in court, but also for attempting to prevent a victim or witness from reporting a crime, helping prosecutors, or seeking an arrest. These cases are often filed alongside other criminal allegations and can significantly raise the stakes in an already serious matter.
At the Law Office of H. Charles Gorian, we understand how aggressively these charges may be investigated and prosecuted. If you have been accused of dissuading a victim or witness, it is important to seek legal advice as early as possible. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.
Call (951) 395-0511 today for a free and confidential consultation.
What Is Dissuading a Victim or Witness Under California Law?
California Penal Code section 136.1 makes it a crime to knowingly and maliciously prevent or dissuade, or attempt to prevent or dissuade, a witness or victim from attending or giving testimony at a trial, proceeding, or inquiry authorized by law. The statute also applies to attempts to prevent or dissuade a crime victim or witness from reporting the crime, helping cause charges or probation/parole violation proceedings to be sought and prosecuted, assisting in the prosecution, or seeking an arrest in connection with the victimization. The law is broader than many people realize. A person does not have to succeed in stopping the witness or victim. Under the statute, an attempt alone may be enough to support a charge. The law also states that the fact no one was physically injured, or even actually intimidated, is not a defense by itself.
Penalties for Dissuading a Victim or Witness
The possible penalties depend on the facts and on the subsection charged.
For conduct charged under Penal Code section 136.1(a) or (b), the offense is punishable by:
- Up to one year in county jail
- Or imprisonment in state prison
More serious allegations fall under Penal Code section 136.1(c). That subdivision makes the offense a felony punishable by two, three, or four years in state prison when the act is committed under one or more aggravating circumstances, including:
- The act is accompanied by force or an express or implied threat of force or violence
- The act is committed in furtherance of a conspiracy
- The defendant has a qualifying prior conviction for the offense
- The act is committed for pecuniary gain or other consideration
Because these charges can substantially increase exposure in a criminal case, the exact allegations should be reviewed very carefully.
Common Defenses to Dissuading Charges
Every case depends on its own facts. In many cases, the strongest defense is that the prosecution cannot prove the required mental state or conduct. Possible defenses may include:
- Lack of malicious intent
- Insufficient evidence that the defendant tried to prevent or dissuade anyone
- The communication or conduct did not amount to unlawful dissuasion under the statute
- False allegations or mistaken accusations
- Lack of proof that the person involved was a victim or witness within the meaning of the law
- Lack of proof supporting any aggravating allegation, such as force, threats, conspiracy, or payment
The statute also contains a specific provision stating that evidence the defendant was a family member who interceded in an effort to protect the witness or victim creates a presumption that the act was without malice. That can be an important issue in some domestic or family-related cases.
Speak with a Criminal Defense Attorney
If you are facing charges for dissuading a victim or witness, do not wait to get legal guidance. These allegations can be complex, and the consequences may be serious.
The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today for a free and confidential consultation or fill out our consultation form and we will contact you.