It does not matter if the defendant was successful in preventing or discouraging the victim or witness, the attempt to intimidate the victim or witness is enough for the defendant to be held criminally liable under Penal Code 136.1 PC.It also does not matter if no one was actually injured or intimidated as a result of the defendant's attempts to prevent a victim or witness from coming forward or cooperating with authorities.2.
Intimidating a victim
In addition, there would be a ten-year ban on the defendant's ability to own or purchase a gun.
Examples A man has non-consensual sex with a woman he met at a bar and is afraid that she will file a report with the local police and he will charged with a Sex Crime, specifically Forcible Rape under California Penal Code Section 261(a)(2).
He approaches the woman and offers to pay her a large sum of money if she agrees not to report him to authorities.
This friend would not be guilty of Intimidating a Witness, because his actions came from a genuine concern for his friend’s wellbeing, and were not made maliciously as required by the statute.3. Defenses to Intimidating a Witness or Victim Charges As in the example above, if someone unintentionally puts a victim or witness in fear by their statements or actions, that person would not be guilty of a crime and would have a legitimate Accident Defense, as they did not realize the effect their words would have.
Additionally, this is an offense in which there may be False Accusations made that someone tried to prevent or dissuade another from testifying or reporting a crime.5.