Intimidating witness california

18-Jan-2018 13:43 by 4 Comments

Intimidating witness california - www dating usa com

Witness intimidation is considered a crime of moral turpitude under California state law.

prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings; hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings; hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,,[1] parole, or release pending judicial proceedings; alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully. Furthermore, the state boards of many professions that require licensing, such as doctors, nurses, lawyers, contractors, teachers, real estate agents and stock brokers, all require background checks.A professional who has a witness intimidation charge on their record risks losing thier professional license, or never acquiring it in the first place.If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case. (A) read as follows: “in the case of murder (as defined in section 1111), the death penalty or imprisonment for life, and in the case of any other killing, the punishment provided in section 1112;”. Any person who attempts to prevent or dissuade a witness or victim from making a police report, seeking someone’s arrest or filing a complaint, is guilty of violating Penal Code section 136.1(b).

Penal Code sections 136.1(a) & 136.1(b) are wobblers, but if the crime is charged as a felony, it is considered a strike under California’s Three Strikes Law.A witness also includes a person whom the defendant reasonably believes to fall into these categories as well, even if the person isn’t actually a witness.It is not a defense if the defendant was unsuccessful in preventing or discouraging the victim or witness.Any person who knowingly and maliciously prevents or dissuades a victim or witness from attending court or giving testimony is guilty of witness intimidation, has violated Penal Code section 136.1(a)(1).Any person who knowingly and maliciously to prevent or dissuade a victim or witness from attending court or giving testimony has also violated Penal Code section 136.1(a)(2).Perhaps the most severe impact of a witness intimidation conviction involves immigration consequences.