What Is Witness Intimidation?

There are a number of ways that this crime may occur.

What Is Witness Intimidation?

If you have been charged with a criminal offense, it may be tempting to attempt to talk to the witnesses in the case. Perhaps you believe that they have misinterpreted your actions, or that you can explain yourself. But under California law, you could be charged with the crime of witness intimidation if you cross the line.

It is a crime in California to intimidate or otherwise discourage a victim or witness to a crime from reporting a crime or testifying about a crime. According to a criminal defense lawyer Riverside, CA, witness intimidation is a wobbler offense, which means that it can be charged as either a felony or a misdemeanor. If charged as a misdemeanor, it is punishable by imprisonment in county jail for up to one year, and/or a fine of up to $1,000. If charged as a felony, witness intimidation can lead to incarceration in California state prison for a term of 16 months to four years, and/or a fine of up to $10,000.

To prove that a person committed the crime of witness intimidation, a prosecutor will have to demonstrate that he or she:

  1. Knowingly and maliciously
  2. Prevented or dissuaded, or attempted to prevent or dissuade
  3. A victim or witness from attending or testifying at a judicial proceeding, reporting a crime, aiding in the prosecution process, or aiding in the arrest process.

Under the law, a witness is a person who knows about the facts of a crime, who has reported a crime, who has been served with a subpoena, or whose declaration under oath may be received as evidence. If a person reasonably believes that someone is a witness, then that person will be considered a witness.

There are many ways that witness intimidation may occur. For example, if a defendant in a criminal case knows that a witness plans to testify against him in a criminal case, he may begin a campaign of harassment against the witness — such as telephone calls warning the witness about what happens to “rats” — designed to scare the witness. Alternatively, if a person commits a crime against another person and then threatens or bribes them into silence, that may also be charged as witness intimidation. Consider a situation where a caregiver is financially abusing an elderly person. If the caregiver threatens physical harm to prevent the elderly person from reporting the abuse, that is a form of witness intimidation. Threats may also be made to people other than the victim or witness, such as family members or friends, in order to intimidate or dissuade a victim or witness from testifying or reporting a crime.

If you are a suspect in a crime or have been charged with a crime, it may be tempting to try to stop the process by talking to the victim or witnesses. However, this can lead to additional criminal charges for witness intimidation. The better course of action is to hire an experienced criminal defense lawyer Riverside, CA, who can examine the facts of your case and put together a defense to the charges.

The Chambers Law Firm is highly skilled at handling all types of California criminal charges. We represent clients in Riverside and the surrounding areas who have been charged with a number of criminal offenses. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a criminal defense lawyer Riverside, CA or to learn more about how we can help.

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