California penal code intimidating witness
Nonetheless, David can be charged with the offense because he attempted to threaten the witness in order to prevent him from testifying.
Nonetheless, David can be charged with the offense because he attempted to threaten the witness in order to prevent him from testifying.(1) Attending or testifying at a proceeding authorized by law;(2) Making a report;(3) Cooperating or providing information so that a complaint/ indictment/ information/ probation violation/parole violation could be sought and prosecuted, and from helping to prosecute that action; or(4) Arresting/causing/seeking the arrest of someone in connection with a crime.
In a situation where the person you intimidated is not a witness, this would be a defense to this charge.
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For the latest news about Sacramento Family Law Court controversies visit this page at Sacramento Family Court News: Family Court News is a nonprofit journalism...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., and it is shown at the trial of the offense that the defendant has previously been convicted of an offense involving family violence under the laws of this state or another state, an offense under this section is the greater of: , that is perpetrated, in part, with the intent to cause the witness's or prospective witness's unavailability or failure to comply and the offense is punishable under Subsection (e-1) or (e-2), as applicable.Find Law Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system.
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