Judges rely heavily on evidence from the prosecution and defense teams when prosecuting criminal activities. Evidence comes in many forms, including eyewitnesses. These people witness crimes and are willing and able to give a detailed account of how the crime occurred to the court. If you know that a particular person is an eyewitness to a crime, the law prohibits you from dissuading or influencing that person’s testimony in any way. You cannot convince them not to testify or to change their testimony. Otherwise, you will face charges for dissuading a witness under PC 136.

Prosecutors charge this crime as a misdemeanor or felony based on the details of your case and your criminal history. A misdemeanor is punishable by one year in jail, and a felony is punishable by up to four years. However, you can challenge your charges during the trial if you are falsely accused or did not have malicious intent.

Dissuading a Witness as a Domestic Violence Crime

If someone has witnessed a crime or has material evidence to help solve it, they are legally responsible for becoming a witness when that crime is being prosecuted. Judges depend on eyewitnesses to understand and solve a case. Failing to testify could result in an unfair resolution of a case. That is why the law seeks to protect eyewitnesses against intimidation, tampering, persuasion, or dissuasion. Talking to eyewitnesses about a case to compel them to change their testimony or their minds about testifying is a grave offense that can result in a lengthy prison or jail sentence.

Dissuading a witness can happen in all kinds of cases, mainly domestic violence cases. When it affects a domestic violence case, it makes it impossible for a domestic violence victim to obtain a just resolution of their case. You can commit the offense in different ways, including these:

  • Convincing or attempting to convince a child that what they think they saw is not actually what they saw
  • Convincing or trying to convince the victim that they will lose their financial support if they pursue the case
  • Intimidating a family member or neighbor against saying anything against you

You can dissuade a witness by influencing their testimony, offering a bribe, or threatening or convincing them to change or falsify their testimony. Anyone, whether a perpetrator or victim, can dissuade a witness. For example, an alleged victim can dissuade a witness by threatening them against disclosing crucial information or changing their testimony. Sometimes, discouraging a witness from testifying does not involve intimidation or threats. You can plead with a child or immediate family not to report a domestic violence case or testify in a case you are involved in.

What The District Attorney Must Prove

If you face charges for dissuading a witness, the DA must prove all the facts of the offense for a court to give a guilty verdict. These facts are as follows:

  • You dissuaded or prevented (or attempted to dissuade or prevent) a victim of or witness to a crime from doing the following:
    1. Testifying for a crime
    2. Attending a judicial proceeding
    3. Reporting a violation
    4. Assisting in the prosecution of a crime
    5. Assisting in the arrest of an alleged perpetrator
  • You acted knowingly and maliciously

These elements of the crime make PC 136 a specific crime that requires you to have acted knowingly and with malicious intent. You are not guilty until the prosecutor can demonstrate all these aspects.

Acting knowingly means knowing your behavior is wrong and could result in prosecution. Although it is challenging for the prosecutor to prove what a person knows or does not know, they can use some facts of the case to demonstrate this knowledge. For example, threatening a witness and warning them against mentioning the threats to anyone shows you know that threatening a witness is unlawful.

Acting maliciously means your behavior was meant to injure or annoy another person.

Example: Zippy witnesses a domestic altercation between her mother and stepfather, in which the mother sustains severe injuries. Her stepfather later tells her the story of a girl who disappeared without a trace after reporting her stepfather's domestic violence to the police. This terrifies Zippy, prompting her to say nothing when the police later come to arrest the stepfather.

Zippy’s stepfather is guilty of dissuading a witness by knowingly causing Zippy not to say anything to the police to help solve a domestic violence case that caused her mother’s injuries. Although her stepfather did not issue direct threats, his fake story caused Zippy to fear for her well-being.

Note: You are guilty under this law even if you fail to discourage or prevent a witness from testifying or assisting the police or prosecutor. An attempt to influence a witness is enough to trigger a guilty verdict.

Possible Penalties If Convicted Under PC 136

PC 136 is a wobbler offense, meaning that the prosecutor can charge it as a felony or misdemeanor based on the circumstances of the case and the defendant’s criminal history.

If you face misdemeanor charges, you will likely receive the following penalties upon conviction:

  • Misdemeanor probation
  • Up to a year in jail
  • $1000 in court fines

If the prosecutor files felony charges against you, you will likely receive the following penalties upon conviction:

  • Felony probation
  • Up to four years in prison
  • $10,000 in court fines

The prosecutor will file a felony and not a misdemeanor charge under the following circumstances:

  • If your actions are part of a bigger conspiracy against the witness,
  • If your actions involve the use of violence or threats of violence against the victim or the victim’s immediate family,
  • If you have a prior conviction for the same or similar offense on your record,
  • If someone hired you or offered compensation to dissuade or intimidate the victim,

A felony charge is much more severe than a misdemeanor, resulting in a lengthy prison sentence and a heftier court fine. Thus, hiring an attorney at the start of the legal process is advisable to gather evidence and prepare a solid defense.

Sometimes, judges sentence defendants to probation instead of jail (for a misdemeanor) or together with a jail sentence (for a felony). A probation sentence is preferable, as it allows you to serve your sentence out of prison. You can work, care for your family, run your company, and do what you enjoy. However, strict probation conditions will guide you, and you could face additional charges if you violate them.

A misdemeanor probation for a conviction under PC 136 can last up to three years. The judge will require you to submit periodic reports about your progress to the court. You could also be ordered to take part in community work, not to commit any crime during the probation period, and to undergo treatment or counseling if you have an underlying problem, like alcohol or drug-related.

Felony probation can last for up to five years. The judge will place you under the supervision of the probation department. You must meet a probation officer regularly for progress reports. If you violate our probation, the officer will present a report to the court regarding the violation and the likely penalty. The judge can discontinue your probation and sentence you to prison for the required period.

A conviction under PC 136 can also result in additional life-altering consequences. This is because it leaves you with a damaging criminal record that can affect your life in many ways. For example, a criminal record can affect your social and professional life. It could be challenging to find suitable employment or make new friends when you have a criminal history. Most employers consider your background before hiring you and can easily change their minds if you have a criminal record. Some landlords also deny tenants with a criminal background an opportunity to lease or rent their properties.

Additionally, a felony conviction under PC 136 can affect your gun rights. An adult in California can purchase and possess a firearm unless they have a mental illness or are felons. The judge can terminate your gun rights temporarily or permanently after your conviction based on the details of your case.

Fighting a Charge Under PC 136

A conviction for dissuading a witness can result in severe penalties and consequences that continue to affect your life after the jail or prison sentence. In addition to serving time behind bars, you must disclose the conviction every time you apply for a job or a public position. However, you can challenge your charges for a favorable resolution. A competent criminal defense team can assist you in gathering evidence and developing strategies to cause the court to reduce or drop your charges. Some great strategies your defense team can use include the following:

You Did Not Act Knowingly or With Malice

A violation of PC 136 occurs when you, knowingly and with malicious intent, dissuade or influence a witness. It requires you to know that your actions are unlawful or could result in an unfair resolution of a criminal case. It also requires you to have acted to injure or annoy another person. You can fight your charges if you do not act knowingly or maliciously. However, you should convince the court that your behavior was innocent so the judge can drop your charges.

For example, your attorney can argue that you only wanted to ensure the witness remembered the facts well and not influence them to change or falsify their testimony. Although you talked to the witness, your attorney can also argue that you did not mention anything about the case.

The Person Was Not A Victim or Witness

When you face charges for dissuading a witness, the district attorney must prove that the person you are accused of dissuading is a crucial witness to the prosecution or police. The court will drop your case if that is not the case. Your attorney can counter the prosecutor’s case by proving that the person you talked to or tried to speak to is not a witness to any case. The court will drop your charges if that is the case.

Note: If you face charges under PC 136 for threatening another person, the prosecutor can still file charges under a different law even if the victim is not a witness.

You Face False Accusations

You could use this strategy if all the allegations are false or misleading. False accusations are widespread in the criminal justice system. Sadly, some people are left to pay heavily for crimes they did not commit. If someone is accusing you falsely, you must tell your attorney about it at the beginning of the case. Then, your attorney will gather evidence and prepare compelling testimony to counter the prosecutor’s case.

In domestic violence cases, false accusations are widespread. Your partner could have accused you of abuse and made threats of abuse if they reported it to the police. A skilled attorney will use the best strategies and resources to obtain a confession from your accuser and use it as evidence for your case.

Sometimes, other people, like jealous relatives or neighbors, can falsely accuse you of influencing their testimony to gain an advantage over you. The court will drop your charges if you can prove your innocence.

Find an Experienced Criminal Attorney Near Me

Are you or your loved one facing criminal charges for dissuading a witness in Sacramento?

These grave charges could result in life-changing consequences, including a lengthy prison term, a hefty fine, and a damaging criminal record. However, you can obtain a favorable outcome with the help of a competent criminal defense attorney. You could compel the court to reduce or drop your charges.

At Foos Gavin Law Firm, we can plan a solid defense against your charges and protect your rights. But first, we study your case details, discuss your options, and walk you through all the legal processes involved. This will remove your worry and anxiety and give you hope for a fair resolution. Contact us at 916-779-3500 to learn more about our services and your charges.