Intimidating a victim

In order for the prosecutor to convict you of this offense, he/she must prove the following facts (otherwise known as "elements" of the crime): dissuaded or intimidated a witness or victim.This means that if you were unaware that the person was a witness / victim or didn't realize you were engaging in intimidating or threatening behavior, you aren't guilty of this offense.And since an individual can claim to be a victim of this offense without any corroborating physical evidence, it's an easy way for an individual to have the abuser spend more time in jail or prison.But rest assured, we're here to help challenge false accusations.The following are examples of some of the most common.Lack of knowledge / intent It bears repeating that if you either don't know the person is a victim or witness or aren't maliciously trying to interfere, you aren't guilty of violating Penal Code 136.1 PC California's "dissuading a witness" law.If the victim or witness is part of your family..you acted in an effort to protect that individual..court will assume that you acted without malice.Prevented / dissuaded / intimidated The important fact to note about these terms is that it doesn't matter whether you are successful in your attempt to prevent, dissuade, or intimidate a victim or witness.: Joe tells Tom that if Steve testifies against him in court, Joe will kill Steve. Even though Steve doesn't know about the threat, Joe is still guilty of violating Penal Code 136.1 PC California's "dissuading a witness" law.

Similar to the example above, if you are just passing along information that you find helpful..don't intend to cause any harm or obstruct justice in any way..aren't acting maliciously and are not, therefore, violating the law.Many times California domestic violence law cases involve partners who abuse each other.So while one partner may in fact physically abuse the other, the abused partner may file false charges against the abuser in order to gain an "upper hand";.If convicted of intimidating a witness as a misdemeanor, you face up to one year in a county jail and a maximum

Similar to the example above, if you are just passing along information that you find helpful..don't intend to cause any harm or obstruct justice in any way..aren't acting maliciously and are not, therefore, violating the law.

Many times California domestic violence law cases involve partners who abuse each other.

So while one partner may in fact physically abuse the other, the abused partner may file false charges against the abuser in order to gain an "upper hand";.

If convicted of intimidating a witness as a misdemeanor, you face up to one year in a county jail and a maximum $1,000 fine.

California's sentencing enhancement for personal use of a firearm If you actually use or are armed with a gun while you are attempting to dissuade a witness or victim from reporting a crime or participating in a criminal trial, California's sentencing enhancement for the personal use of a firearm imposes a one to ten-year state prison sentence in addition and consecutive to the penalty you receive for violating Penal Code 136.1 PC.

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Similar to the example above, if you are just passing along information that you find helpful..don't intend to cause any harm or obstruct justice in any way..aren't acting maliciously and are not, therefore, violating the law.Many times California domestic violence law cases involve partners who abuse each other.So while one partner may in fact physically abuse the other, the abused partner may file false charges against the abuser in order to gain an "upper hand";.If convicted of intimidating a witness as a misdemeanor, you face up to one year in a county jail and a maximum $1,000 fine.California's sentencing enhancement for personal use of a firearm If you actually use or are armed with a gun while you are attempting to dissuade a witness or victim from reporting a crime or participating in a criminal trial, California's sentencing enhancement for the personal use of a firearm imposes a one to ten-year state prison sentence in addition and consecutive to the penalty you receive for violating Penal Code 136.1 PC.

,000 fine.California's sentencing enhancement for personal use of a firearm If you actually use or are armed with a gun while you are attempting to dissuade a witness or victim from reporting a crime or participating in a criminal trial, California's sentencing enhancement for the personal use of a firearm imposes a one to ten-year state prison sentence in addition and consecutive to the penalty you receive for violating Penal Code 136.1 PC.

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