Witness Intimidation in California: 6 Key Examples to Know

Understanding Witness Intimidation Under California Penal Code 136.1

According to EA, witness intimidation, often referred to as “witness tampering,” is a crime under California Penal Code 136.1 PC [1].

This law prohibits knowingly and maliciously preventing or attempting to prevent a victim or witness from testifying in court.

By law, it makes no difference if a defendant was actually successful in preventing testimony. Just the attempt to intimidate a victim or witness is sufficient for a defendant to be criminally charged with witness intimidation

In California, witness intimidation charges frequently arise in domestic violence cases.

Actions such as yelling, breaking objects, or making threats to prevent a partner from cooperating with law enforcement or testifying can lead to criminal prosecution.

This offense applies to anyone in a shared household, including spouses, partners, or ex-spouses. If accused, it’s crucial to avoid making statements to the police and seek legal counsel immediately.

Also Read: Can a Defendant Talk to a Witness?

Examples of Witness Intimidation

• A defendant sends her accuser an article about witnesses who mysteriously die after testifying, as a veiled threat.
• A store robber warns the cashier that “bad things will happen” if they inform the police about the crime.
• A rapist attempts to bribe his victim with money to prevent her from reporting the assault.
• Carl, aware that someone is set to testify against his boss in an organized crime trial, confronts the witness and threatens to harm their family or damage their property if they testify.
• Jose traps several women in his apartment and attacks one of them to intimidate the others into not reporting the incident to the police.
• Debbie, fearing that her ex-boyfriend might report her for domestic violence, sends threatening emails, texts, and makes calls, warning that “rats” will face physical violence.

Penalties for Witness Intimidation

According to LACL, intimidating a Witness or Victim is considered a “wobbler” offense in California, meaning it can be prosecuted as either a misdemeanor or a felony based on the specifics of the case and the defendant’s criminal history [2].

Certain aggravating factors require the charge to be filed as a felony, including:

• If the intimidation was part of a larger conspiracy.
• If violence or threats of violence were used.’
• If the defendant has a prior conviction for intimidating a witness or victim.
• If the defendant was hired to commit the crime.

If filed as a misdemeanor, Intimidating a Witness or Victim can carry a sentence of up to a year in jail and up to a $1,000 fine plus penalties and assessments. In addition, there would be a ten-year ban on the defendant’s ability to own or purchase a gun. If charged as a felony, the defendant could face four years in prison, substantial fines, and a lifetime restriction from owning or purchasing guns

Legal Defense Strategies for Witness Intimidation Charges

To convict a person of witness tampering, the prosecution must prove that the defendant acted knowingly and maliciously. In legal terms, this means that someone intentionally threatened a witness or a victim and intended to harm them [3]

In some cases, actions or words that were not intended as threats can be misinterpreted, such as a joke or an offhand comment. Additionally, individuals may face false accusations due to personal vendettas, such as during a contentious breakup or custody battle.

If you’re facing such charges, the prosecution bears a significant burden of proof to show that witness tampering occurred. A skilled Los Angeles criminal attorney might employ several defense strategies, including:

• Demonstrating that no threats were actually made.
• Providing an alibi to prove your whereabouts.
• Arguing that you are the victim of false accusations.
• Exposing any ulterior motives of your accuser.
• Questioning the credibility of witnesses against you.
• Presenting physical and forensic evidence in your favor.
• Offering witness testimony that supports your account.
• Highlighting any violations of your civil rights.
• Identifying instances of police misconduct.
• Asserting that you were a victim of entrapment.

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References:
1. https://www.egattorneys.com/domestic-violence/intimidation
2. https://www.losangelescriminallawyer.pro/california-penal-code-section-136-1-pc-intimidating-a-witness-or.html
3. https://werksmanjackson.com/blog/common-defenses-for-tampering-or-intimidating-witnesses/