Dissuading a Witness or Victim

Dissuading a victim or witness not to testify in a legal case is a crime that attracts severe penalties. According to PEN 136. 1, it is unlawful to attempt to prevent a person from providing information to the police or the court through force, coercion, or otherwise. Even if your attempt fails, you can still face prosecution, as the law applies to criminal and civil cases. If you are found guilty, you could face lengthy imprisonment sentences, substantial fines, and a criminal record for the rest of your life. The above effects are even worse if violence or gang-related incidents are involved. The justice system's independence depends on the witness's or the victim's ability to testify without interference.

If you are charged with dissuading victims or witnesses not to testify, you should seek the services of a competent lawyer to assist you in defending yourself and ensuring that your rights are well protected. If you are in the Monterey area, contact the Monterey Criminal Attorney today for professional advice and representation.

What Constitutes Witness or Victim Dissuasion?

The law draws a very fine line between a witness and a victim because the two have different roles to play in the legal process. A witness offers evidence or information that may be useful for a case. He/she may have witnessed the events or possess information regarding the circumstances in question. Witnesses present facts and explain the facts in the case, although they are not directly involved in the crime.

On the other hand, a victim is directly affected by the crime or the wrongful act of the offender by sustaining some losses, harm, or injury. This harm may be physical, emotional, or even financial. The law focuses on how the crime impacts the victim, who experiences the offense firsthand. The victim’s statement also describes the offense's extent and is a pivotal aspect of the prosecution’s strategy and the court’s decision when passing a verdict.

As stated under PC 136. 1, you are deemed to have dissuaded victims or witnesses if you knowingly and maliciously:

• Prevent or attempt to prevent a victim or witness from attending or testifying — Dissuasion occurs when you intentionally stop or try to stop a victim or witness from participating in a trial, legal proceeding, or authorized investigation. It includes using threats, persuasion, or any other means of coercion.
• Prevent or attempt to prevent a victim or witness from reporting an offense— If you prevent a victim or a witness from reporting an offense to the police, the prosecution, judges, or probation officers, you are engaged in dissuasion. It also includes efforts to discourage them from seeking arrests, filing complaints, or assisting in prosecution.
• Use force, threats, or act in conspiracy — If you use force, make threats of violence, or act as part of a conspiracy, you commit a felony. Convictions attract enhanced penalties.

Influencing a Witness or Victim is a Specific Intent Crime

Dissuading witnesses or victims is a specific intent crime. To be convicted, the prosecution must establish that you acted to discourage victims or witnesses from participating in any legal process or reporting a violation.

The prosecution requires you to prove beyond any reasonable doubt that you acted knowingly and maliciously. Acting knowingly means you were aware of your actions and their potential impact on the victim or witness. To act maliciously implies that you wanted to interfere with their legal responsibilities or legal rights with wrongful intent. This focus on purposeful interference sets the crime apart from accidental actions.

Proving the crime centers on whether you specifically aimed to obstruct the witness's or victim’s involvement. According to the law, you should have had a purpose of denying them their chance to testify in court or report the crime. This requirement means that only people deliberately trying to disrupt justice are prosecuted.

Prosecutors must also show that you were aware the person you targeted was a witness or a victim. This makes it impossible for the courts to punish you for interactions in which, in one way or another, you were not aware of the legal status of the other party. Lack of this awareness when acting creates a challenge in establishing the required intent to warrant a conviction.

Common Defenses Used in Dissuading a Witness or Victim Cases

You should engage a defense attorney to formulate a defense tailored to your case. The ideal defense will give your side of the story and dispute the prosecution's claims. A strong defense can reveal flaws in the prosecution’s case. Your attorney will evaluate the specifics of your situation to build an effective defense.

Some of the common defenses used in these cases include the following:

1. You Had No knowledge that the Target Was a Witness or a Victim

You can challenge the charges by arguing that you were unaware that the individual was a witness or a victim and did not act maliciously. As discussed, the prosecution must prove two critical elements to secure a conviction for this offense:

• Knowledge and
• Intent.

The state has to demonstrate that you acted knowingly or had reason to believe the person you targeted was a witness or a victim of a crime. Further, they need to demonstrate that you acted with malicious intent. It means that at the time of the act, you intended to stop the victims or witnesses from participating in legal proceedings or reporting a crime.

If you demonstrate that you were unaware that the particular individual is a witness or a victim, you weaken the knowledge element in the prosecution’s case. This could occur in situations where you did not know that a crime was committed or that the person involved has some involvement in the legal processes. Without this knowledge, the very foundation of the prosecution’s case is rather severely undermined.

Also, you can raise the intent element by proving that you did not act maliciously in the situation. Malice requires a deliberate intent to disrupt the legal process without lawful justification. If your actions can be attributed to something else other than trying to hinder justice or were perhaps incidental or otherwise done for other reasons, then the prosecution may have a difficult time proving that you had the malicious intent needed to be convicted of the crime.

2. You Were Falsely Accused

False accusations of dissuading victims or witnesses arise in emotionally charged situations where your actions or words are easily misunderstood. A simple conversation or interaction can be misunderstood as an attempt to sway the legal processes even when you did not have any such intention. When tensions run high, what you say or do may be taken out of context, and people may accuse the other of attempting to obstruct justice.

Sometimes, people may falsely accuse you for self-serving reasons. A witness or a victim could claim that you tried to dissuade them. They make this claim to manipulate another legal matter or harm your reputation. These accusations can also stem from overreactions. Due to frustration in the legal process, the accuser could consider your actions as aggressive or as having hindered the legal process in some way, even when it was not the case.

Facing these charges can feel overwhelming, especially when you know the charges leveled against you are baseless. Prosecutors take such cases seriously to protect the integrity of the legal system. However, merely filing charges does not make them valid and legal. If you are falsely accused, then it becomes crucial to defend yourself.

Your attorney could use the following approaches in defending you:

• They could gather evidence, including messages or testimony, to help them establish that your actions were misinterpreted.
• They could also question the accuser's credibility, seeking to reveal any personal interest the accuser might have, like vengeful motives or an attempt to gain an advantage in a legal proceeding.
• Cross-examining the accuser can reveal inconsistencies or bias, weakening their claims.

Furthermore, your attorney will state that you lacked any malicious intent, which means that your actions were, at worst, harmless and not wrongful, which is necessary to convict you.

3. Lack of Sufficient Evidence

In challenging the charges, your lawyer will argue that the prosecution did not produce sufficient evidence to link you to the alleged crime directly. The prosecution must show that you acted to influence or intimidate the witness or the victim. If they fail to link their evidence directly to the charges against you, the case against you weakens significantly. For instance, without clear communications, messages, or records demonstrating threats, the prosecution’s argument will not meet the burden of beyond a reasonable doubt.

Your defense strategy will also focus on the prosecution’s ability to show that you intended to prevent or discourage legal proceedings. If it is vague or circumstantial evidence, it does not provide a clear connection to the alleged dissuasion. For instance, if the prosecution only presents general interactions that do not have specific intent, then their allegations will be less convincing.

Your attorney will challenge the validity of the evidence produced in court. They will look at the authenticity of the evidence and whether the evidence depicts your behaviors correctly. The prosecution's position is weakened if the evidence is in questionable communication or dubious documentation.

Further, your attorney will provide other reasons why you acted in a particular manner. If you can prove that your communication with the victim or witness was innocent and was in no way meant to hinder the course of the law, you create reasonable doubt.

Your attorney will also challenge the prosecution’s interpretation of the evidence. Thus, your attorney will assert that the state has not met its evidential burden by pointing to the fact that your assumptions and the circumstances adduced by the prosecution do not establish that you dissuaded a victim or witness.

4. You are a Victim of Police Misconduct

You can challenge the charges if law enforcement mishandles aspects of the investigation or arrest. This type of misconduct can have significant implications for your case and potentially impact the charges' validity.

If law enforcement officers conducted the investigation improperly, it could compromise the evidence collected. For instance, if the police acted unprofessionally, used force, or did not adhere to the law, any evidence they gathered may not be admissible in a court of law. This situation could occur in cases where officers gathered evidence without a warrant or through forceful means, which may reduce the chances of a conviction.

Likewise, if the arrest was unlawful, it can be the basis for contesting the charges. If the police arrest you without a warrant or probable cause, the evidence collected in the process will not be admissible. An unlawful arrest undermines the legitimacy of the prosecution's evidence and could result in the dismissal of charges.

Misconduct during interrogation also plays a critical role in challenging your case. If the police tricked you or failed to inform you of your rights, any statements or confessions you made might be inadmissible. This can reduce the chances of the prosecution proving their case, especially if your statements were a key component of their evidence.

Also, if there are allegations that the police planted the evidence, misled you, or lied in court, it can further support your case. Demonstrating that law enforcement engaged in such behavior can lead to the suppression of evidence or even the dismissal of charges.

Consequences of Interfering With a Witness or Victim

Dissuading a witness or a victim is considered a wobbler offense. Prosecutors can either charge you with a misdemeanor or a felony violation, depending on the circumstances of the case and your criminal past.

If charged and convicted of a misdemeanor offense, you could face:

• Up to one year in the county jail.
• A fine not exceeding $1,000.

 However, if the courts convict you for a felony violation, you could face:

• A prison sentence of 2, 3, or 4 years.
• A fine not exceeding $10,000.

Prosecutors will pursue felony charges in the following situations: 

• The crime is part of a greater conspiracy — If you intimidated a victim or witness as part of a larger conspiracy, the prosecutors will charge you with a felony. It means you were involved in a coordinated effort to obstruct justice.
• Use or threat of violence — If your intimidation was physical or in the form of physical threats, then it will be a felony, according to the authorities. It includes any physical contact, assault, or threat made to the witness or the victim.
• Previous convictions — If you had prior convictions for intimidating witnesses, like stalking a victim or a witness, prosecutors would pursue your current charge as a felony. This is instead an act of defiance and an indication of an obstructive nature.
• Hired to commit the crime — If someone hired you to scare a witness or a victim, it will be considered a felony. It means you were an agent of another person who committed the crime.

Loss of Gun Rights Upon Conviction

When the courts convict you on felony charges, you will lose your gun rights under federal and California law. This automatic prohibition reduces your chance of possessing any firearms or ammunition.

The federal law, the Gun Control Act of 1968, bars any convicted felon from possessing or owning a firearm. This federal restriction is absolute, meaning it does not matter in which state the conviction occurred. You will not be allowed to own a gun anywhere in the country. California law enforces this federal prohibition with its regulations. Under PEN 29800, a convicted felon cannot own firearms.

Recovery of your gun rights once you have been convicted of a felony is a complicated process. You would typically have to apply for the courts to expunge your records or reduce the felony conviction to a misdemeanor if possible. However, federal law may still bar you from possessing firearms even after expungement, and you have to explore additional legal steps to regain your rights.

Immigration Consequences

Witnesses or victims experience significant trauma and intimidation in dissuasion cases, especially when you employ force or threats. This underscores the seriousness of the offense. Consequently, if the courts convict you for dissuading a victim or witness, you face severe legal repercussions, including a high risk of deportation.

Felony convictions, especially those involving violence or threats, carry severe penalties. The court considers force or threats as aggravating factors that attract additional penalties. As such, you receive tougher consequences and higher chances of deportation.

Non-citizens who are involved in a felony case will most probably be deported. Immigration laws consider these convictions, especially those that involve violence or threats, as grounds for deportation from the country.

Expunging Your Conviction

When you are convicted of dissuading a victim or witness, you can apply for an order directing that the courts expunge your conviction from the records. Under PEN 1203. 4, it is possible to expunge your record if you complete probation and meet all the court requirements. Expungement allows you to void your guilty or no contest plea or have the conviction dismissed if you were convicted after a trial.

However, if your conviction was for a felony requiring you to serve in a state prison, you may not qualify for expungement. Felonies involving violence or threats can further limit your chances of expunging the conviction. Expungement, when granted, clears your criminal record, though it does not entirely remove all consequences. For instance, it will not reinstate your firearms rights nor stop the conviction from being used in future legal matters.

Offense Related to Influencing a Witness or Victim

1. Criminal Threats

You could face charges for issuing criminal threats under Penal Code 422 if you threaten to commit a violent act that would result in death or great bodily harm to have it carried out. This law focuses on threats in which you express your intention of committing an act that puts the victim in reasonable apprehension of danger. To secure a conviction, prosecutors must prove several key elements:

• Threat to commit violence — The state has to show that you threatened to commit a crime that could lead to death or cause grievous bodily harm. The danger must involve serious violence that could cause significant harm or death.
• Intent to cause fear — Prosecutors must demonstrate that you intended to cause fear to the recipient. This means you made the threat with the intention of intimidating or causing emotional distress.
• Reasonable fear — The prosecution must demonstrate that your threat made a reasonable person feel threatened for his/her safety or the safety of his/her family. It means that the fear that was experienced was warranted, and the threat was real.
• Threat taken seriously — The prosecution has to prove that the recipient of your threat understood them as a threat and was afraid. They have to establish that the threat was not taken as a joke or a threat in vain but as something that put the fear of the recipient.
• Immediate ability to carry out the threat — While not always necessary, there are occasions when prosecutors will have to show the threat was real and that you had the apparent capability of following through with the threat. It means proving that the threat was not just a vague threat that you would make good on but something you could do.

You could face misdemeanor or felony charges, depending on the facts of your case and your record.

If you face misdemeanor charges, you could face:

• A maximum of one year of imprisonment in the county jail.
• Up to $1,000 in fines.

If charged with a felony, the penalties are more severe. They include the following:

• A prison sentence of 16 months, two years, or three years.
• If you had threatened the other person with a dangerous weapon, it is possible to be given an additional year for your punishment.
• A fine not exceeding $10,000.

Find a Criminal Defense Attorney Near Me

Given the grave consequences and potential penalties, facing charges of dissuading victims or witnesses can be overwhelming. Due to the complexity of this offense, it should, therefore, require a strategic approach to its defense, one an experienced attorney can handle.

Talk to the Monterey Criminal Attorney at 831-574-1791 if you or someone you know is charged with dissuading a witness or a victim. We will assess your case and mount a solid defense tailored to your case.