California penal code intimidating witness

Unbeknownst to Mary, Jason also witnessed the robbery under penal code 211 pc and was called to testify.

Because of what Mary told him, he now fears for his safety and plans on refusing to testify.

False accusations often times occur in a situation involving domestic violence or in other situations wherein the accusing witness has a motive to lie.

In such a situation, the facts will need to be investigated further to determine the real cause behind the accusation.

If you would like to discuss a pending case with an attorney contact the Aizman Law Firm at 818-351-9555 for a free confidential consultation. Aizman is the founding attorney at Aizman Law Firm, an award winning criminal defense attorney & former prosecutor for the city of Los Angeles.

(a) A person commits an offense if, with intent to influence the witness, he offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding, or he coerces a witness or a prospective witness in an official proceeding: (b) A witness or prospective witness in an official proceeding commits an offense if he knowingly solicits, accepts, or agrees to accept any benefit on the representation or understanding that he will do any of the things specified in Subsection (a).

(d) An offense under this section is a felony of the third degree, except that if the official proceeding is part of the prosecution of a criminal case, an offense under this section is the same category of offense as the most serious offense charged in that criminal case.

In other words, if you did not know that the person you were dissuading was a witness or victim or did not think or realize you were engaged in the type of behavior that would cause the witness to be intimidated and thereby dissuaded, you cannot be charged with this offense.

The word “knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code.

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