Bribery of Witnesses | Penal Code § 137 & 138

Description

Bribery of Witnesses is to give, offer, or promise to give, to any witness, or person about to be called as a witness, or person about to give material information pertaining to a crime, any bribe upon any understanding or agreement that the testimony of such witness or information given by such person shall be thereby influenced. To attempt by force or threat of force or by the use of fraud to induce any person to give false testimony or to withhold testimony from a law enforcement official. To attempt by any means to dissuade any person to be called as a witness from attending a trial or judicial proceeding.

What does the prosecutor have to prove?

§137: 1. Defendant either gave, offered or promised to give a bribe.
2. The person to whom the bribe was given, offered or promised was a witness or about to be called as a witness or about to give material information concerning a crime to a law enforcement official.
3. The bribe was given, offered or promised upon an understanding or agreement that the testimony of, or information given by that person would be thereby influenced. [PC 137(a)]
§138: 1. Defendant gave, offered, or promised to give another person about to be called as a witness or attending a trial or other judicial proceeding a bribe. or
2. Defendant attempted to give, offer, or promise to give another person about to be called as a witness or attending a trial or other judicial proceeding a bribe.
3. The bribe was upon an understanding or agreement that the other person would not attend any trial or other judicial proceeding. [PC 138(a)]

Punishment

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

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
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