Intimidating a witness california penal code


It is not important whether defendant was successful in his attempt to prevent, dissuade or intimidate a victim or witness.Even if the defendant’s attempt was unsuccessful he still violated California Penal Code Section 136.1 PC.For example, Jill hears about a shooting in the neighborhood.

The absence of any evidence corroborating the accused’s claim that he or she has been intentionally intimidated or threatened can mean that the case has not much substance and that therefore a favorable plea negotiation is more possible.

Sentencing enhancement for personal use of a firearm: Using or being armed with a gun while attempting to dissuade a witness or victim from reporting a crime or participating in a criminal trial will result in a one to ten-year state prison sentence in addition and consecutive to the penalty for violating Penal Code 136.1 PC.

“Prevented or dissuaded” Attempt to prevent, dissuade, intimidate or interfere with witness is a matter of intent, not result.

Even if the attempt is unsuccessful it still violates Penal Code 136.1 PC California's "dissuading a witness" law.

In case defendant is convicted of violating Penal Code Section 136.1″for the benefit of, at the direction of, or in association with any criminal street gang” California’s gang enhancement automatically imposes an additional and consecutive seven-year-to-life prison sentence.