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Witness intimidation PC 136.1(a) is a criminal felony in the state of California.
This blog post will discuss witness intimidation, examples of witness intimidation, and the consequences of a conviction of the charge.
The legal definition of witness intimidation, according to California Penal Code 136.0, is when someone tries to stop or dissuade a witness by using force or threats.
Witness intimidation is the crime of attempting to influence a witness’s testimony in a criminal trial. Witness intimidation can be done through threats, violence, or other means.
The offense can also be charged if the defendant tries to prevent a witness from testifying in court.
Aggravated witness intimidation under Penal Code Section 136.1(c) is a severe crime.
The crime is a felony and cannot be reduced to a misdemeanor. A conviction under this section can range from 7 years to life in prison.
In addition, aggravated witness intimidation under Section 136.1(c) is a “serious felony,” commonly referred to as a “strike” under the state’s “3 Strikes” law.
A “strike” is a serious or violent felony that can result in a much longer prison sentence if the defendant is convicted of another felony.
Examples of witness intimidation include:
If the witness is a victim of a crime, the defendant can be charged with witness intimidation even if they did not directly threaten the witness.
Witness intimidation is a felony in California. The punishment for witness intimidation can include:
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If you have been accused or charged of a crime, you must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
“136.1. (a) Except as provided in subdivision (c), any person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison:
(1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.
(2) Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law.
(3) For purposes of this section, evidence that the defendant was a family member who interceded in an effort to protect the witness or victim shall create a presumption that the act was without malice.”
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