Have you ever suspected someone else reporting you to law enforcement because of a crime you committed? Or, have you known someone who is a potential witness in a criminal lawsuit against you?
If you are in any of these situations, you may get tempted to dissuade such individuals. You may want to convince them not to act against you. Or, you may threaten them. You'd want to protect yourself from the damaging effects of a criminal conviction.
However, in California, dissuading a witness or victim is unlawful. The California Law Enforcement Department views dissuading a witness or victim as a criminal offense. This offense attracts hefty fines and lengthy imprisonment terms as penalties upon conviction.
If you have been charged with dissuading a witness or victim in Pasadena, we invite you to reach out to us at the Michele Ferroni Pasadena Criminal Attorney Law Firm for a free consultation. We can help you build a robust defense strategy.
What is Dissuading a Victim or Witness?
California's main law on the criminal offense of dissuading a victim or witness is PC 136.1. PC 136.1 states that it is illegal to dissuade or intimidate a witness or victim of a crime.
Specifically, Penal Code 136.1 criminalizes the following:
- Using any means to prevent a potential witness from testifying against you in court
- Using any means to prevent a victim from reporting a crime to the law enforcement
- Using any means to prevent a witness or victim from cooperating with law enforcement agencies
If the law enforcement suspects you of engaging in any of the above-listed activities, you may face charges under California Penal Code 136.1. This criminal offense is deemed to be a wobbler. California Law Enforcement has the discretion to charge this offense as either a misdemeanor or a felony.
What the Prosecutor Must Prove for you to Receive a Conviction of the Criminal Offense of Dissuading a Victim or Witness
California criminal laws stipulate that in criminal cases, the burden of proof is on the prosecution and the standard of proof is beyond a reasonable doubt. To receive a conviction of the criminal offense of dissuading a victim or witness, the prosecutor must prove all of these elements:
- You acted with malice and knowledge
- You dissuaded or tried to dissuade
- The individual you dissuaded was a victim or a witness of a crime
These elements might seem quite easy to prove, but this is not always the case. Remember, the standard of proof in California criminal cases is unreasonably high. Most prosecutors fail to reach this high standard when proving these elements.
If you have a robust defense strategy, you’ll have a high chance of winning your case. Your criminal defense attorney can help you build this defense strategy by poking holes in the prosecutor’s case when he/she attempts to prove these elements. Below, we discuss these elements briefly:
You Acted with Malice and Knowledge
The prosecution must prove you acted with malice and knowledge. The prosecutor must show the judge or jury you had knowledge of the fact that the individual involved was a potential victim or witness of a crime. You may be acquitted if you can show the court that you never knew the person involved was a potential witness or victim of a crime.
Additionally, the prosecution must demonstrate that you had malice aforethought. This means that the prosecution must illustrate to the court that you desired to annoy or inflict harm or injury on the person involved. If you didn't have such intentions, you might get an acquittal.
You Dissuaded or Tried to Dissuade
The prosecutor must demonstrate to the judge or jury that you dissuaded or tried to dissuade the person involved. The prosecution must show the court what you did or tried to do to dissuade the person concerned. For instance, the prosecutor may claim that you threatened to physically assault the victim or witness or publish defamatory material about him/her.
This element is the most difficult to prove. The prosecutor must have sufficient evidence of what you did or tried to do. In most cases, they lack adequate and clear evidence.
Note that it is not a requirement for you to have been successful in your attempts to dissuade the victim or witness. Even if the witness or victim managed to report you to the authorities or testify against you, you would still get convicted for this offense.
The Person you Dissuaded was a Victim or a Witness of a Crime
The prosecution must convince the judge or jury that the person you dissuaded or tried to dissuade was a victim or a witness of a crime. It is pretty easy for the prosecutor to do so; he/she can simply refer to court or law enforcement records.
A witness is any person summoned by the court to testify. On the other hand, the term 'victim' refers to any person who reasonably believes that a criminal offense has been committed to his/her detriment.
The Punishments for the Criminal Offense of Dissuading a Victim or Witness
As earlier explained, the California Law Enforcement Department categorizes this offense as a wobbler. You can face charges for this criminal offense as a misdemeanor or a felony.
The punishment for dissuading a victim or witness as a misdemeanor is a jail term not exceeding one year or a fine of up to $1,000. On the other hand, the penalty for dissuading a victim or witness as a felony is a state prison sentence not exceeding four years. In the alternative, the judge may impose a fine not exceeding $10,000.
The prosecutor will decide whether to charge you with this offense as either a felony or a misdemeanor. The prosecutor may choose to charge you with dissuading a witness or victim as a felony if there are certain aggravating factors in your case. In most cases, you may face charges for dissuading a witness or victim as a felony if:
- The intimidation of the witness or victim was part of a greater conspiracy
- You used violence to dissuade or in your attempts to dissuade the victim or witness
- You issued threats of violence to the witness or victim
- You were hired by someone else to dissuade or attempt to dissuade the victim or witness
In California, dissuading a victim or witness is a priorable offense. This means that its penalties increase with each subsequent charge. The prosecutor will automatically charge you with dissuading a victim or witness as a felony if you've been previously convicted of the offense. This is even if you had already expunged the conviction from your record.
Immigration Consequences for the Criminal Offense of Dissuading a Victim or Witness
If you are a non-US citizen, dissuading a victim or witness conviction may have certain negative consequences. You might be deported, or the US Immigration Department might mark you as ‘inadmissible.’
However, you will face no negative immigration consequences if you've been convicted of this offense as a misdemeanor. But, you may face these consequences if you have been charged with a felony dissuading a witness or victim and you do not have good legal representation.
Effects of a Criminal Conviction for Dissuading a Witness or Victim on your Gun Rights
A criminal conviction for dissuading a witness or victim has certain negative consequences on your gun rights. Convicts of this offense automatically lose their rights to own or possess a firearm.
If you've been convicted of dissuading a witness or victim as a misdemeanor, you will receive a ten-year ban on possessing or owning a firearm. On the other hand, if you've been convicted of dissuading a witness or victim as a felony, you will receive a lifetime ban on possessing or owning a firearm.
Also, note that if you used a firearm to dissuade the victim or witness, the judge may impose on you an additional sentence not exceeding ten years upon conviction. Moreover, if dissuading the victim or witness was part of the activities of a street gang, you may receive a consecutive and additional sentence of not less than seven years which may be extended to life imprisonment.
Other Possible Penalties for the Criminal Offense of Dissuading a Victim or Witness
If you've been convicted of dissuading a victim or witness, your attorney may convince the judge to place you on probation instead of sending you to jail or state prison. You may be placed on formal or informal probation in such cases.
The judge will impose certain conditions you must adhere to during the probation period. For instance, you may be ordered to participate in community service or Cal-Trans Roadside Work.
Moreover, if you had injured or harmed the witness or victim or destroyed his/her property, you may be ordered to restitute him/her. The judge may order you to pay a certain amount of money to the victim as restitution.
Expunging a Conviction for Dissuading a Victim or Witness
Besides imprisonment terms and hefty fines, a criminal conviction can have a serious negative impact on your life. For instance, you may be denied access to employment opportunities, scholarships, and even good housing if you have a criminal record. If you have ever been convicted of dissuading a victim or witness, it would definitely be in your best interests to have it expunged from your record.
Penal Code 1203.4 is California’s primary expungement law. According to PC 1203.4, you can expunge any criminal conviction from your record as long as you have successfully completed your probation or imprisonment term (whichever is the case). This means you can expunge a conviction for dissuading a witness or victim after completing your county jail or state prison term.
Suppose you live in Pasadena and would like professional legal help in expunging your conviction for dissuading a witness or victim. In that case, you can reach out to us at the Michele Ferroni Pasadena Criminal Attorney Law Firm. We are here to help you avoid the negative consequences of a criminal conviction.
Legal Defenses to the Criminal Offense of Dissuading a Victim or Witness
The most popular legal defenses for dissuading a witness or victim include:
- You were falsely accused
- You did not act with knowledge or malice
- The person involved was not a witness or a victim
Below, we discuss each of these defenses briefly:
You were Falsely Accused
This defense is most common in domestic violence cases. If you have been charged with any offense involving domestic violence against your spouse, he/she can falsely accuse you of dissuading or attempting to dissuade him/her.
Also, your spouse can go to the police with false claims that you have abused him/her and threaten to continue with the abuse should he/she report you to law enforcement. If you are in such a situation, you can rely on this defense to prove that you are innocent.
The defense of false accusations is centered on the fact that you never dissuaded or attempted to dissuade the witness or victim. If you opt for this defense, you'd have to counter the prosecutor's evidence showing you intimidated or tried to intimidate the witness or victim and possibly, adduce evidence in your favor showing that you are innocent. Your attorney can help you do this.
You did not Act with Knowledge or Malice
Remember, one of the elements that the prosecution must prove so that you can be convicted of dissuading a witness or victim is that you acted with malice or knowledge. You may be acquitted if you show the judge or jury that you did not act with malice or knowledge.
You can do this by demonstrating that you didn't even know that the person involved was a witness or a victim of a crime you have been accused of. Or, you can show the court that you didn't have any intent to intimidate, injure, harm, or annoy the person involved.
The Person Involved was not a Witness or a Victim
Remember that the prosecution must also prove that the person involved was a witness or victim for you to receive a conviction. Although this is definitely one of the easiest tasks for the prosecutor, it is not always the case.
There are chances that the person involved may not be a witness or victim of a crime you allegedly committed. If you opt for this defense, you will basically be arguing that even though you admit you maliciously intimidated, injured, or threatened another person, he/she is not a witness or a victim of a crime you allegedly committed.
As long as it is true that the person involved was not a witness or a victim, you will be acquitted. The only downside to this defense is that it may pave the way for you to be charged with other criminal offenses, such as criminal threats under California Penal Code 422.
Pre-filing Intervention for Dissuading a Witness or Victim
If you suspect that you may be arrested for or charged with the criminal offense of dissuading a witness or victim, it would be best to consult a criminal defense attorney as soon as possible. Sometimes, your attorney may succeed in convincing the prosecutor not to file charges against you.
Your lawyer can also help you enter into a plea bargain with the prosecution. Remember, the criminal offense of dissuading a victim or witness attracts grievous penalties upon conviction. With a plea bargain, you will plead guilty to a less serious offense and avoid the harsh consequences of being convicted for the criminal offense of dissuading a victim or witness.
The police may subject you to questioning. In such situations, the best thing to do would be to refer them to your lawyer. If you attempt to answer the questions yourself, you may unknowingly self-incriminate.
We at the Michele Ferroni Pasadena Criminal Attorney Law Firm can assist you in pre-filing intervention for this criminal offense. We may convince the prosecutor not to file any charges against you or successfully negotiate for you a plea bargain. This way, you will avoid being charged with the criminal offense of dissuading a victim or witness altogether. Contact us today to get started.
Related Offenses to the Criminal Offense of Dissuading a Victim or Witness
Some examples of related offenses to the criminal offense of dissuading a victim or witness include:
- PC 422 - Criminal Threats
- PC 236 - False Imprisonment
- PC 207 - Kidnapping
- PC 137 - Witness Bribery
Here is a brief discussion of each of them:
PC 422 - Criminal Threats
California PC 422 sets out the offense of criminal threats. PC 422 states that it is illegal to issue threats of death or severe bodily injury to another person.
Individuals charged with dissuading a witness or victim may face additional or alternative charges under California Penal Code 422. Just like dissuading a witness or victim, PC 422 criminal threats is deemed to be a wobbler.
A felony criminal threats conviction can result in a state prison sentence of up to four years. If you use a deadly or dangerous weapon, the judge may increase your sentence by one year. On the other hand, a criminal threats conviction as a misdemeanor can result in a jail term not exceeding one year.
PC 236 - False Imprisonment
If you subject a potential witness or victim to false imprisonment in your attempts to dissuade him/her, you may face additional or alternative charges under California PC 236. California Penal Code 236 defines this criminal offense as the act of restraining, detaining, or confining someone else without obtaining their consent.
Unlike dissuading a victim or witness, for you to be convicted of false imprisonment, the prosecution must prove that there was some form of physical contact between you and the victim. This element need not be proved in criminal cases for dissuading a victim or witness.
Just like the offense of dissuading a victim or witness, false imprisonment is categorized as a wobbler. You may face charges for false imprisonment as a felony or a misdemeanor. The punishment for misdemeanor false imprisonment is a county jail imprisonment term not exceeding one year. In the alternative, the judge may impose a fine not exceeding $1,000. If you restrained another person while using menace or violence, you might face charges for false imprisonment as a felony. The penalty for false imprisonment as a felony is a jail sentence of up to three years.
PC 207 - Kidnapping
PC 207 is California’s primary law on kidnapping. PC 207 states that it is unlawful to move another person a substantial distance while utilizing force or fear and without his/her consent.
Kidnapping is categorized as a felony. Its punishment is a prison term of up to eight years. However, this sentence can be can enhanced to life imprisonment if:
- The victim was a child
- You killed or injured the victim
- You demanded a ransom
- The kidnapping was part of a carjacking
Unlike dissuading a witness, a kidnapping conviction does not have negative immigration consequences. However, you may lose your gun rights, especially if you used a deadly or dangerous weapon while committing the offense.
PC 137 - Witness Bribery
Penal Code 137 is California's primary law on witness bribery. According to PC 137, it is a criminal offense to offer to give or give a bribe to a potential witness to influence his/her testimony.
Besides dissuading a witness, you may be tempted to bribe him/her. This is especially true if you believe that the testimony of the witness will significantly impact the outcome of your case.
In California, witness bribery is categorized as a felony. Its penalty is a state prison sentence of up to four years.
Find a Pasadena Criminal Defense Lawyer Near Me
If you or your loved one is facing charges for the criminal offense of dissuading a victim or witness in Pasadena, we invite you to contact us at the Michele Ferroni Pasadena Criminal Attorney Law Firm for professional legal help. Our main aim is to assist you to win your case.
Our attorneys are highly skilled and experienced in criminal defense. With our assistance, you can build a robust defense strategy to fight the prosecutor’s charges against you. Call us today at 626-628-0564 to discuss your case with an attorney. We are available 24/7.
