California penal code intimidating witness barbara hershey love interest dating

Under Penal Code section 136.1, you can be charged either with a misdemeanor or a felony.

The following list will increase the charge to a felony punishable by imprisonment in the state prison for two, three, or four years under any of the following circumstances: Example: Mary told her neighbor Jason that the last person who testified against her co-worker who robbed a bank has disappeared and has not been heard from for days.

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Example: Julie is being prosecuted for the theft of a gold necklace from a jewelry store.The order shall not be made without the consent of the law enforcement agency except for limited and specified periods of time and upon an express finding by the court of a clear and present danger of harm to the victim or witness or immediate family members of the victim or witness.(G)(i) An order protecting a victim or witness of violent crime from all contact by the defendant, or contact, with the intent to annoy, harass, threaten, or commit acts of violence, by the defendant.During your conversation, you tell him about someone who testified against one of your friends who was killed just after the trial.Under these circumstances, although your conversation may have intimidated Bob (and even discouraged him from testifying), you didn't knowingly do so and therefore didn't violate Penal Code 136.1 PC.In order for the prosecutor to convict you of this offense, he/she must prove the following facts (otherwise known as "elements" of the crime): Let's take a closer look at some of these terms to gain a better understanding of their legal definitions.

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