Key Elements of Penal Code 136.1 PC

The Act Was Done Knowingly and Maliciously

To convict someone under PC 136.1, the prosecution must prove the following elements beyond a reasonable doubt: the defendant must have intentionally and maliciously attempted to prevent or discourage a witness or victim from participating in the legal process. It is not enough for the witness or victim to have felt intimidated—the prosecution must establish that there was a deliberate effort to interfere with their cooperation.

The Defendant Prevented or Dissuaded a Witness or Victim

The offense occurs when the defendant actively attempted to stop or discourage a witness or victim from:

• Attending or testifying at a court proceeding.
• Filing a police report or assisting in an investigation.
• Taking any action that could lead to a criminal prosecution or legal process.

The Target Was a Witness or Victim

The person subjected to intimidation must qualify as either:

• A witness—someone who has knowledge of a criminal act.
• A victim—someone who has suffered harm as a result of a crime.

Examples of Intimidating a Witness or Victim Under Penal Code 136.1 PC

• Threatening a Witness – A defendant calls a witness and says, “If you testify in court, you’ll regret it.” This statement is considered an attempt to intimidate the witness from providing testimony.

• Bribing a Witness – A person offers money to a witness in exchange for not showing up to court or changing their statement. Even if the witness accepts the bribe, the person making the offer can still be charged.

• Pressuring a Victim Not to Report a Crime – After committing an assault, the defendant tells the victim, “If you go to the cops, I’ll make your life hell.” This is an unlawful attempt to prevent the victim from reporting a crime.

• Using a Third Party to Intimidate a Witness – A defendant asks a friend or relative to warn a witness not to testify, saying, “Tell them to keep quiet, or they’ll regret it.” Using a third party to intimidate a witness still qualifies as witness intimidation.

• Gang-Related Intimidation – A gang member warns a community member who witnessed a violent crime, “Snitches get stitches.” Intimidation connected to gang activity can result in felony charges and enhanced penalties.

Related Charges That Often Accompany Witness Intimidation

• California Penal Code 422 – Criminal Threats (Threatening someone with harm)
• California Penal Code 186.22 – Gang Enhancements (If intimidation is gang-related)
• California Penal Code 137 – Bribery of Witnesses (Offering money or benefits to influence testimony)

Penalties for Witness Intimidation in California

Misdemeanor Witness Intimidation

• Up to 1 year in county jail
• Fines up to $1,000
• Probation

Felony Witness Intimidation

• 2, 3, or 4 years in state prison
• Fines up to $10,000
• Possible strike under California’s Three Strikes Law if force or threats were involved

Aggravating Factors That Increase Penalties

Certain circumstances can lead to harsher penalties, including longer prison sentences and additional criminal charges. These aggravating factors include:

• Use of Violence or Threats – If intimidation involved physical assault, a weapon, or serious threats, the court is more likely to impose felony charges and a harsher sentence.
• Gang-Related Activity (PC 186.22) – If the crime is connected to gang activity, sentencing enhancements can add years to a prison term.
• Multiple Victims or Witnesses – Intimidating more than one witness or victim in a case can lead to consecutive sentences, meaning more time in prison.
• Conspiracy to Intimidate – If the act involved multiple people working together to threaten a witness, prosecutors may add conspiracy charges under PC 182, increasing potential penalties.
• Targeting a Witness in a Domestic Violence Case – Courts take domestic violence-related witness intimidation especially seriously, and these cases are more likely to be charged as felonies.
• Committing the Offense While on Bail or Probation – If the intimidation occurred while the defendant was out on bail, parole, or probation, additional penalties or sentence enhancements may apply.

Legal Defenses Against Witness Intimidation Charges

Lack of Intent

Witness intimidation requires intent—you must have knowingly and maliciously tried to stop someone from testifying, reporting a crime, or cooperating with law enforcement. If your words were misunderstood, or if there was no real attempt to interfere, the charges may not hold.

For example:

• A heated argument gets taken out of context, and someone mistakenly believes they were being threatened.
• You gave advice, not realizing it could be interpreted as trying to dissuade someone from testifying.

If there’s no proof you acted with criminal intent, your attorney can argue for a dismissal of charges.

False Accusations

False claims of witness intimidation happen more often than you’d think—especially in cases involving personal disputes, divorce, or revenge. A person might:

• Exaggerate a conversation to gain leverage in a legal battle.
• Falsely accuse you out of anger, jealousy, or a desire to get back at you.
• Mistakenly identify you as the person who tried to intimidate them.

Your defense attorney can cross-examine the accuser, look for inconsistencies in their story, and present evidence that contradicts their claims.

Violation of Your Constitutional Rights

If police broke the rules during your arrest or investigation, some or all of the evidence against you could be thrown out. This could include:

• An illegal search or seizure (e.g., police went through your phone without a warrant).
• Failure to read your Miranda rights before questioning you.
• Coerced statements or police intimidation to make you confess.

If your rights were violated, your attorney can fight to suppress the evidence, which could lead to a case dismissal.

Insufficient Evidence

The prosecution must prove their case beyond a reasonable doubt. If they don’t have enough strong evidence, the charges may not stick.

For example:

• There are no recordings, text messages, or proof that you intimidated anyone.
• The witness’s story keeps changing, making it unreliable.
• The prosecution is relying on hearsay or weak circumstantial evidence.

If the case is built on speculation rather than facts, your lawyer can push for a dismissal or reduced charges.

Contact a Los Angeles Criminal Defense Attorney

If you or someone you know is facing charges under Penal Code 136.1 PC for intimidating a witness or victim, it is crucial to consult with an experienced criminal defense attorney right away. At The Law Offices of Arash Hashemi, our criminal attorney has the expertise to handle these cases and can challenge weak evidence, false accusations, and constitutional violations to help build the strongest possible defense.

With over 20 years of experience, Attorney Hashemi has successfully defended clients facing serious felony and misdemeanor charges throughout Los Angeles. He thoroughly reviews every detail of the case, identifies weaknesses in the prosecution’s argument, and fights to have charges dismissed or reduced whenever possible. If necessary, he is prepared to take your case to trial and aggressively defend your rights in court.

If you have been accused of intimidating a witness or victim, it is crucial to seek legal representation as soon as possible. Contact our Los Angeles criminal defense attorney today to discuss your case and find out how we can help.

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