How To Beat A Dissuading A Witness Charge – Penal Code Sections 136.1, 140

If you’ve found yourself accused of dissuading a witness, it’s imperative to understand the ins and outs of the legal landscape you’re stepping into. This blog aims to equip you with knowledge of charges about dissuading a witness, effective defense strategies that can be applied to this situation, and how a criminal defense attorney can offer you clear direction and support during this challenging time.

Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our experienced attorneys.

Understanding a Dissuading a Witness Charge

What Does Dissuading a Witness Mean?

Dissuading a witness occurs when someone tries to prevent a witness or victim from reporting a crime or testifying in court. 

Legal Framework and Penalties

Under California Penal Code Section 136.1, dissuading a witness is considered a “wobbler” offense. This means it can be charged as either a misdemeanor or a felony. Penalties for misdemeanor charges include up to one year in county jail, while felony convictions can result in up to four years in state prison.

Examples of Dissuading a Witness

Examples include threatening harm to a witness if they testify, offering money to keep them silent, or using fear tactics to discourage them from involving law enforcement. Understanding these examples can help identify and avoid actions that may be misconstrued as dissuasion.

California Penal Code Sections for Dissuading a Witness Charges 

In California, dissuading a witness is primarily addressed under California Penal Code Section 136.1. This law prohibits any person from using threats or violence with the intention to prevent a witness from testifying or providing evidence in an official proceeding. The specific provisions are as follows:

• 136.1(a): It is illegal to knowingly and maliciously prevent or dissuade another person from attending or giving testimony at a trial or proceeding. If charged under 136.1(a) for knowingly preventing a witness from providing testimony, it is classified as a misdemeanor. This can result in fines of up to $1,000 and/or imprisonment in county jail for up to six months. 
• 136.1(b): It addresses the act of dissuading a witness by threats or force, which can lead to felony charges. In this case, individuals may face fines of up to $10,000 and a prison sentence ranging from two to four years.
• 136.1(c): This section covers instances where a person dissuades a victim from reporting a crime to law enforcement. The accused individual can also be charged with a felony, carrying similar penalties of a two to four year sentence and a maximum fine of $10,000.

Additionally, California Penal Code Section 140 outlines penalties for intimidating or threatening witnesses, providing further legal context for those facing dissuading a witness charges. Imprisonment ranges from 16 months to three years, depending on the nature of the intimidation and any prior criminal history. Understanding these sections is crucial for developing an effective defense strategy.

Best Defense Strategies for Dissuading a Witness Charges

Establishing Credibility

One key approach is to challenge the credibility of the witness. This can involve scrutinizing their motives for testifying against you, presenting evidence of bias, or highlighting inconsistencies in their statements. Your attorney can explore any prior relationships or conflicts that may influence the witness’s testimony.

Lack of Intent

Another effective defense strategy is to argue that there was no intent to dissuade or intimidate the witness. This may involve your criminal defense attorney presenting evidence showing your actions were misinterpreted or that you were unaware of the witness’s intentions to testify. Demonstrating a lack of malicious intent can significantly weaken the prosecution’s case.

Demonstrating Coercion

If applicable, demonstrating that coercive behavior from another party led to the witness’s reluctance to testify can also serve as a defense. This might include showing that the witness was pressured or threatened by someone else, thereby distancing you from the alleged dissuasive action.

Proving Insufficient Evidence

Challenging the sufficiency of the evidence brought by the prosecution is a critical defense strategy. Your criminal defense attorney can argue that without clear, compelling evidence showing that you engaged in prohibited conduct, the charges should be dismissed or reduced. A thorough examination of police reports, witness statements, and any recording can bolster your defense.

The Importance of Legal Representation

An experienced criminal defense attorney can meticulously evaluate the evidence and formulate effective defense strategies tailored to your unique circumstances, whether by challenging witness credibility or disproving intent. Furthermore, they can provide critical support during negotiations with prosecutors, often leading to more favorable outcomes, such as a dismissal  or charges being reduced.  Without highly qualified  legal representation accused individuals may struggle to adequately defend themselves, increasing the risk of severe penalties and long-term consequences. Ultimately, having a skilled criminal defense attorney by your side not only enhances your defense but also alleviates some of the emotional burden associated with facing these serious charges.

Contact Wallin & Klarich Today

If you are being charged with dissuading a witness, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between winning your case or spending time in custody. Let our skilled attorneys examine your case to find the best way to obtain a positive outcome in your case.  We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.