Dissuading a Witness or Victim | Penal Code § 136.1

Description

A person who knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trail, proceeding or inquiry, or attempts to alter any testimony or evidence may be charged with Dissuading a Witness or Victim. Examples of Dissuading a Witness or Victim include threatening an ex-spouse if they present specific testimony in a divorce trial or offering money in exchange for not reporting a rape or other crime or in a property dispute with a school teacher the teacher threatens to fail your child if you don’t “”back off””.

What does the prosecutor have to prove?

1. Defendant knowingly and maliciously prevented or dissuaded any witness or victim from attending or giving testimony at any trail or inquiry authorized by law.

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No