When someone is facing criminal charges, it is natural to want to talk to the people involved. A text to an ex asking them not to show up in court, a phone call to a friend urging them to "stay out of it," or a social media post calling someone a snitch may feel like venting. Under California law, though, these kinds of messages can lead to a separate and serious charge. In Orange, where the Lamoreaux Justice Center handles many family and juvenile matters, dissuading a witness allegations often arise alongside domestic violence, restraining order, and juvenile cases.
What Is Dissuading a Witness Under California Law?
Penal Code 136.1 makes it a crime to knowingly and maliciously prevent or discourage a victim or witness from:
- Attending or testifying at a trial, hearing, or other legal proceeding
- Reporting a crime to police, probation officers, or prosecutors
- Helping with the prosecution of a case
- Seeking or assisting in an arrest
The attempt alone is enough. Prosecutors do not have to prove the witness actually stayed quiet or skipped court. Simply trying to persuade them can support a conviction.
What Does "Maliciously" Mean?
Malice under this law means an intent to annoy, harm, or injure someone, or an intent to interfere with the legal process. This element is important because not every conversation about a case is criminal. The prosecution must show that your goal was to obstruct justice, not simply to talk, apologize, or understand what happened.
What Kinds of Actions Lead to Charges?
Common examples include:
- Asking an alleged victim to recant or drop the case
- Offering money or favors in exchange for not testifying
- Telling a witness they will regret going to the police
- Having a friend or relative pass along a message about the case
- Posting messages online that pressure or shame a witness
Contact made through a third person can still be charged against you if prosecutors believe you directed it.
What Are the Penalties for Dissuading a Witness?
A basic violation is a "wobbler," meaning it can be charged as a misdemeanor or felony:
- Misdemeanor: Up to one year in county jail
- Felony: Up to three years in custody
The charge becomes a mandatory felony carrying two, three, or four years when it involves force or threats of violence, is done for financial gain, is part of a conspiracy, or follows a prior conviction for the same offense. A felony conviction can also count as a strike under California's Three Strikes law, increasing penalties for any future felony.
What Defenses Can Work?
Because the statute depends on intent, many cases come down to context. Possible defenses include:
- No malicious intent: The message was an apology, a personal conversation, or an attempt to reconcile
- Misinterpreted words: Statements taken out of context or exaggerated
- No connection to you: Someone else contacted the witness without your knowledge or direction
- Not a witness or victim: The person had no role in the case at the time
- Insufficient evidence: Unverified claims about phone calls or messages
Protect Yourself While Your Case Is Pending
The safest approach is to avoid all discussion of your case with anyone involved and let your attorney handle communication. If a protective order is in place, contact may also violate that order. Learn more about our court crimes defense, restraining order representation, and domestic violence defense.
Speak With an Orange, CA Criminal Defense Attorney
A dissuading a witness charge can turn a manageable case into a much more serious one. Attorney Michael L. Fell is intimately familiar with court procedures and knows how to challenge intent-based charges. Call Law Office of Michael L. Fell at (949) 585-9055 today to schedule a free consultation.