Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Have You Been Accused of Intimidating a Witness in a California Criminal Case? Get Answers to Your Questions

If you are accused of a crime, there are some things you should do and some you shouldn’t. For example, you should contact a criminal defense attorney to defend you. You should not do anything that could be considered intimidating a witness. While some actions are clearly intimidation, there are other actions you might take without realizing they are illegal. Keep reading to learn about witness intimidation and then contact Law Office of Michael L. Fell at (949) 585-9055 if you require a free legal consultation.

Examples of Witness Intimidation

If a defendant mailed the person who accused them an article about another witness who disappeared after testifying, this would be witness intimidation. If a person is accused of robbery and tells the victim that they will do “bad things” if the police find out, then this is witness intimidation. If a person accused of assault offers their victim money in exchange for not reporting them or testifying against them, then this is witness intimidation.

The Definition of Intimidating a Witness

In order for the prosecutor to have proven their case, they must prove all of the following elements:

  • The defendant knowingly and maliciously acted
  • The defendant tried to prevent or dissuade the victim from one of the following
    • Attending a witness testimony at a legal proceeding or
    • Reporting a crime to the police or D.A. or
    • Helping in the arrest process

In order for a person to be considered a “potential witness” they must be a person who knows facts about the crime, whose testimony will be received as evidence, who has reported the case, or has been served with a subpoena.

Witness Intimidation Can Be Charged as a Felony or Misdemeanor

A person charged with witness intimidation could face a felony or misdemeanor charge, depending on the specifics of the case and the criminal history of the defendant. If they are convicted of a misdemeanor, they could spend up to a year in jail and face maximum fines of $1,000. If they are convicted of a felony, they could face prison for 16 months to four years, and maximum fines of $10,000.

If you have been accused of witness intimidation, it is important to talk to your criminal defense attorney. If you do not yet have an attorney then now is the time to get one. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation today. We will use our many years of experience to ensure you have the best legal representation possible in your situation.