Home -> Law Blog Directory -> Criminal Law Blogs -> California Criminal Defense Blog

Criminal Law

: California Criminal Defense Blog

Dissuading a Witness -- A Relatively Minor Offense...That is, Unless You're a Gang Member

By Neil Shous, Esq.

Penal Code 136.1 PC California?s ?dissuading a witness law? is a wobbler. A ?wobbler? is an offense that prosecutors can choose to file as either a misdemeanor or a felony. When convicted of Penal Code 136.1 PC California?s ?dissuading a witness law? as a misdemeanor, there is no mandatory jail sentence. The felony charge subjects an offender to between 16 months and four years in the California state prison. Based on the fact that this crime can be a misdemeanor?and that an offender isn?t even required to serve a jail sentence?it seems as though the California Legislature doesn?t consider this offense to be one of the most serious. Yet if this exact same offense is committed by either a gang member or an associate of the gang?for the benefit of or at the direction of the gang?he/she faces the same penalties plus a seven-year-to-life sentence...continue to full post

Full post as published by California Criminal Defense Blog on June 16, 2010 (boomark / email).