Definition

Dissuading A Witness or Victim under California Penal Code Section 136.1, is a criminal offence and it is normally filed as either a felony or misdemeanor. Dissuading A Witness or Victim is when someone intimidates or persuades a victim to not report a crime.  

Examples

Mike an outsider looking in, tells victim Jane at a crime scene, that if she testifies what happened in court, he will be kill either Jane or members of her family. In this instance, Mike will most likely be charged with Dissuading a Witness or Victim.

Elements of the Crime

In order to take an Dissuading A Witness or Victim CPC 136.1 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant deliberately prevented an eyewitness or victim from: 

a)      Reporting an unlawful activity

b)     Showing up for a court trial

c)      Providing a testimony

d)     Helping to indict a criminal

Punishments for CPC 136.1

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case.

When found guilty of Dissuading A Witness or Victim, it is usually filed as either a misdemeanor or felony, which includes:

Misdemeanor charges for Dissuading A Witness or Victim include up to one year in jail, and up to six thousand dollars in fines. 

Felony charges for Dissuading A Witness or Victim include up between sixteen months to four years in jail, and up to ten thousand dollars in fines.

Legal Defenses for California Penal Code 136.1

A good lawyer can present many legal and valid defenses for Dissuading A Witness or Victim charges under California Penal Code 136.1 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Dissuading A Witness or Victim. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Dissuading A Witness or Victim.

Learn more about other California Section Penal Codes here.