![]() ![]() No maliciousness: Under Section 136.1, if you are a family member of the witness or victim who interceded to protect that person, there is a presumption under the law that you acted without malice.Depending on the circumstances surrounding your particular case, we may employ any of the following defenses on your behalf: Our experienced Los Angeles criminal defense lawyers are well-versed in cases involving allegations of dissuading a witness. The prison sentence could be even longer if a firearm was used or if it is proven you were acting as part of a criminal gang.īack to Top What Are Defenses Against Charges of Witness Tampering? Upon conviction, you could face up to four years in a state prison and a fine of up to $25,000. Criminal penalties for felony dissuading a witness are more severe. Factors affecting the severity of the penalties include:Ĭonviction of misdemeanor dissuading a witness carries possible penalties of up to one year in county jail, a fine of up to $1,000, and/or probation. The act was committed for pecuniary (financial) gain, or any other consideration acting upon the request of another person.īack to Top What Are the Penalties for Witness Tampering?Ĭriminal penalties upon conviction of dissuading a witness can vary, depending on whether the crime was charged as a misdemeanor or a felony and the circumstances involved.The person who committed the act had been previously convicted of a violation of Section 136.1, any predecessor law, any federal statute, or any statute of another state that would be a violation of Section 136.1 if prosecuted in California.The act was committed in furtherance of a conspiracy.The act was accompanied by force or violence, or express or implied threat of force or violence, against a witness, victim, third person, or their property.Arresting, causing, or seeking the arrest of a person in connection with a crimeĭissuading a witness is charged as a felony when committed knowingly and maliciously under any of the following circumstances, whether or not the attempt to dissuade the witness was successful:.Causing a complaint, indictment, information, or probation or parole violation to be sought and prosecuted, or assisting in such prosecution.Attending or giving testimony at any trial, proceeding, or legally authorized inquiry.In California, it is a crime to knowingly and maliciously prevent, or to attempt to prevent, another person from: Being convicted of felony dissuading a witness carries penalties of up to two, three, or four years in state prison. Witness tampering is a “wobbler” crime that can be charged as either a misdemeanor or a felony, depending on the circumstances under which it occurred. #WITNESS TAMPERING CODE#Under California Penal Code Section 136.1, witness tampering is known as dissuading a witness. Dissuading a Witness May Be a Felony Crime ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |