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The witness is not aware that this particular group has a history of going after witnesses who testify against them. The witness' friend is aware of this reputation, and desperately tries to warn his friend about the dangers of testifying against this particular organization. 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. Intimidating a Witness or Victim is a "wobbler" offense, meaning that it can be filed as either a felony or a misdemeanor, depending on the facts of the case and the criminal history of the defendant. In addition, there would be a ten-year ban on the defendant's ability to own or purchase a gun.
If charged as a felony, the defendant could face four years in prison, substantial fines, and a lifetime restriction from owning or purchasing guns. If you or someone you know has been accused of Intimidating a Victim or Witness, it is critical that you consult with an experienced Los Angeles Criminal Defense Attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut has handled matters of this nature from a prosecutorial and defense perspective and is able to effectively fight these charges on behalf of his clients.
Kraut has maintained important relationships with law enforcement and prosecutors and is highly respected throughout the court system. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure.
Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Home Attorneys Michael E. Kraut, Managing Attorney Robert A. Free Consultation 24 Hour Assistance. Crimes by Code Section. California Penal Code Section This guide focuses on the issues and responses that are most relevant to police, although useful resources for prosecutors are highlighted where appropriate.
Witness intimidation plays a role in many types of crime and is related to other problems that police encounter during the course of an investigation. Witness intimidation, however, is not the same as repeat victimization. Although in both cases the same offenders may be responsible for multiple events, their motives are different.
In witness intimidation, the intent is to discourage the victim from reporting a crime to police or from cooperating with prosecutors, whereas in repeat victimization, the motive is often acquisitive. However, repeat victims may believe that their subsequent victimization was in retaliation for reporting the initial crime, even where intimidation was not the motive.
Citizens who witness or are victimized by crime are sometimes reluctant to report incidents to police or to assist in the prosecution of offenders. Particularly in violent and gang-related crime, the same individual may, at different times, be a victim, a witness, and an offender. The term "victim" is used to denote the victim of the initial crime.
For example, a general lack of trust in the police may deter some witnesses from cooperating. In addition, research has shown that a desire for privacy, a desire to protect the offender from criminal prosecution, emotional attachments, economic dependence, or a desire to protect children may also deter victims of domestic violence from cooperating with police Felson et al.
Threats are much more common than actual physical violence and are in fact just as effective in deterring cooperation. Either way, they are deterred from offering relevant information that might assist police and prosecutors. Particularly in communities dominated by gang and drug-related crime, residents have seen firsthand that offenders are capable of violence and brutality.
Many also believe that offenders will return to the community after relatively brief periods of incarceration or will be able to arrange for intimidation by others while they themselves are incarcerated. The experience of violence in the community lends credibility to threats and creates a general sense of fear that discourages cooperation with police. A fire set at this house in Baltimore killed a family of seven in , drawing national attention to the problem of witness intimidation.
Credit: National Public Radio. Witness intimidation commonly takes two mutually-reinforcing forms. In , gang members from Baltimore, Maryland appeared in a DVD entitled Stop Snitching , in which they threaten harm to those who cooperate with police. Stop Snitching tee shirts have also appeared in retail outlets nationwide Butterfield The prevalence of witness intimidation is difficult to quantify for many reasons. First, crime is underreported based upon a number of factors that have nothing to do with witness intimidation.
They do not provide information on the experiences of the many witnesses who drop out of the process before a suspect is charged or a case goes to court. Most often, victims did not report crime because they believed that the incident was too trivial to involve police or that the matter was personal Karmen ; Catalano That said, small-scale studies and surveys of police and prosecutors suggest that witness intimidation is pervasive and increasing.
For example, a study of witnesses appearing in criminal courts in Bronx County, New York revealed that 36 percent of witnesses had been directly threatened; among those who had not been threatened directly, 57 percent feared reprisals. Anecdotes and surveys of police and prosecutors suggest that witness intimidation is even more widespread. Most intimidation is neither violent nor life-threatening, but even a perception that reprisals are likely can be distressing and disruptive to witnesses.
Witness intimidation deprives investigators and prosecutors of critical evidence, often preventing suspects from being charged or causing cases to be abandoned or lost in court. In addition, witness intimidation lowers public confidence in the criminal justice system and creates the perception that the criminal justice system cannot protect the citizenry.
As a result, police expend significant time and energy persuading witnesses to come forward; and when they do, police spend considerable energy reassuring and protecting them.
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At a community meeting in his district, as the Syracuse Common Council debated a pay increase for law enforcement, police representatives claimed that the current conditions made it hard for them to get their jobs done. They rely on you being intimidated and shutting down and letting them do whatever they want.
Police officers are generally not allowed to strike, so sick-outs and other kinds of informal actions are occasionally pursued instead. Local elected officials like de Blasio have often been loath to go against police departments or their unions because they do not want to be tarred as anti-law enforcement or soft on crime. In other cities with low crime rates and more progressive politics, police union tactics and the ideology that empowers them have been similarly undermined.
In San Francisco, the extreme rhetoric of the police union has rendered it all but ineffectual as a political actor. Now they just throw bombs from the outside. There are counterexamples where police departments seem to have slowed down — although they deny these are organised efforts — and crime rates did spike, such as in cities like Baltimore and now, it appears, Minneapolis.
Like, for example, Santa Ana, California. In , Celia Iglesias decided to run for an open city council seat. The longtime school board member is a Republican, and she ran on an anti-tax platform. The majority Latino Santa Ana is also one of the poorest municipalities in the region, and sales taxes fall especially hard on lower-income and working-class people.
Iglesias won a seat by running against the tax and with promises of spending on basic services like street maintenance and after-school programs. In the midst of the Covid pandemic, but just before the police killing of George Floyd in Minneapolis, the effort succeeded. Less than two years after she took office, Iglesias lost her job. In the missive he accused Iglesias of undermining other city services and opposing affordable housing.
In both, the police union responded to criticism — even from a conservative Republican — with an overwhelming display of political force. They have to show everybody what they can do to you. Iglesias plans to test that hypothesis by running for mayor this fall. Any candidate who gets supported by the police union now is going to be a no-go for a lot of voters. We all want public safety, but at what cost? Alexandra Kanik contributed to this report.
In California , making criminal threats is a wobbler and may be charged as either a misdemeanor or a felony under California Penal Code Intimidation can also be a civil offense, in addition to a criminal offense, in some U. For example, in Oregon a violation of the state criminal statute for intimidation results in a civil violation. From Wikipedia, the free encyclopedia. Further, in other states, assault may encompass both the threat and the contact.
For more details, see the Assault and battery articles. Archived from the original on Retrieved August 8, Psychological manipulation. Rewarding : pleasant positive reinforcement. Aversive : unpleasant positive punishment.
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