Charges arising from dissuading a witness or victim can have several negative repercussions on a person’s opportunities throughout their lifetime. If convicted of violating Penal Code 136.1, you could end up with a mark on your record. Potential employers use criminal records to help pinpoint the best possible candidates for high-level job openings. You can expect to miss out on highly competitive positions if you have a felony, a problem that rehabilitated convicts constantly struggle with.
At MacGregor & Collins, LLP, our criminal attorneys have represented alleged criminals facing hundreds of different charges for a wide variety of different reasons. Their experience with Orange County courts, including judges, bailiffs, and the prosecution, can help to increase your likelihood of a successful case outcome. Call us today to take advantage of a free case evaluation
CPC 136.1 Defined
According to this law, anyone who willfully scares or dissuades someone from reporting a crime can be found guilty.
In order to prosecute for this offense, the state has the burden to prove you are guilty of:
- Intentionally averting or making an attempt to stop someone from either:
i. Filing a report
ii. Going to court
iii. Helping to prosecute or testify against an offender
136.1 CPC Penalties
The penalties or punishments depend on a number of factors including your history and the circumstances surrounding the case.
Those found guilty can face:
- Misdemeanor – Up to I Year in the Orange County Jail and a maximum $6,000 fine
- Felony – 16 months-4 Years in the California State Prison and a maximum $10,000 fine
If the offense was committed using force, threat, conspiracy, as part of a hire, or the offender had a previous record of doing so, it’s filed as a felony offense. Also, offenders will be subject to the Three Strikes Law of California. Misdemeanor offenses for this crime also result in a 10 year ban from rights to firearms.
This particular law can become quite confusing when applied to real life situations. That’s because there are other laws associated with Dissuading A Witness or Victim, like influencing a testimony under penal code 137.6, or penal code 186.22, criminal street gang enhancement.
Depending on the circumstances under which Dissuading A Witness or Victim was carried out, you could face greater or lesser fines. That’s why it’s important to have a skilled lawyer on your side. Don’t wait until it’s too late. Contact a skilled California legal professional to get the help you need right away. The consultation is free and the evaluation is by attorneys with decades of legal experience. Call (888) 250-2865 to get help now.