California Penal Code §136.1 — Intimidating a Witness
PC §136.1 punishes knowingly and maliciously preventing — or attempting to prevent or dissuade — any witness or victim from attending or testifying at any trial, proceeding, or inquiry authorized by law, or from reporting a crime, or from cooperating with law enforcement or prosecutors. §136.1 is a wobbler when done without force or threat, and a straight felony when accompanied by force, threat of violence, or an underlying gang / co-defendant / organized-crime nexus (subd. (c)). Felony §136.1(c) is a serious felony strike under PC §1192.7(c)(37).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Intimidating a Witness Cases in All LA County Courts
01 — Quick Facts
PC §136.1 — Intimidating a Witness at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §136.1 — Intimidation of Witnesses and Victims |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (a)-(b); Straight Felony (c) |
| Penalty (Misd.) | Up to 1 year county jail |
| Penalty (Felony) | 16 months, 2, or 3 years prison |
| Penalty (§136.1(c) force / gang) | 2, 3, or 4 years prison — STRIKE |
| Strike (subd. (c)) | YES — serious felony under §1192.7(c)(37) |
| Moral Turpitude | Yes — categorical CIMT |
| Probation | Available except where subd. (c)(1) with GBI |
| Immigration | Aggravated felony if 1+ year imposed — 8 USC §1101(a)(43)(S) |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §136.1?
What Is California Penal Code §136.1?
PC §136.1 Reads:
"Except as provided in subdivision (c), every person who does any of the following is guilty of a public offense and shall be punished by imprisonment in a county jail for not more than one year or in the state prison: (1) Knowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law. (2) Knowingly and maliciously attempts to prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law."
— California Penal Code §136.1(a)–(b)
PC §136.1 is California's principal witness- and victim-intimidation statute. It reaches (a) knowingly preventing or dissuading a witness or victim from testifying; (b) knowingly preventing or dissuading a witness or victim from reporting a crime, aiding prosecution, or assisting the arrest process; and (c) any of the foregoing when accomplished by force, threat of force, in furtherance of a conspiracy, or for pecuniary gain / on behalf of a criminal street gang. Subd. (c) is a straight felony and a strike.
§136.1 Structure
§136.1(a) = testimony intimidation. §136.1(b) = reporting / cooperation intimidation. §136.1(c) = aggravated — force, threats, conspiracy, gang, or pecuniary gain. Subds. (a) and (b) are wobblers; subd. (c) is a strike-level felony.
§136.1(a)–(b) — Basic
Wobbler. Up to 1 year jail (misdemeanor) or 16 mo / 2 / 3 years prison (felony). No strike.
§136.1(c) — Aggravated
Straight felony. 2, 3, or 4 years prison. STRIKE (serious felony §1192.7(c)(37)).
Why §136.1 Matters
§136.1(c) is one of the most frequently charged strike offenses in California. A single threatening phone call or social-media post about testifying can support a strike-level filing. §136.1 convictions permanently affect firearms rights, immigration status (aggravated felony if 1+ year imposed), professional licensure, and family-court custody. §136.1(c) is also excluded from PC §1170(h) — it must be served in state prison, not county jail.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §136.1
To convict under PC §136.1, the prosecution must prove each element beyond a reasonable doubt.
Knowing Conduct
The defendant must have acted knowingly — with awareness of the witness's / victim's status and the effect of the conduct.
Malicious Intent
The defendant must have acted maliciously — with the specific intent to annoy, injure, or interfere with a proceeding.
Witness / Victim / Reporter
The target must have been a witness, victim, or person aiding law enforcement.
Prevent / Dissuade (or Attempt)
The conduct must have prevented, dissuaded, or attempted to prevent or dissuade.
Aggravating Circumstance (subd. (c) only)
For subd. (c), the prosecution must additionally prove force, threat of force, conspiracy, gang nexus, or pecuniary gain.
04 — Penalties
Penalties for PC §136.1 Intimidating a Witness in California
PC §136.1 penalties are as follows.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §136.1(a) Testimony Intimidation | PC §136.1(a) | Up to 1 year jail OR 16 mo/2/3 yrs prison (wobbler) | Available | No |
| §136.1(b) Reporting Intimidation | PC §136.1(b) | Up to 1 year jail OR 16 mo/2/3 yrs prison (wobbler) | Available | No |
| §136.1(c) Aggravated | PC §136.1(c) | 2, 3, or 4 years state prison | Available (except with GBI) | YES — §1192.7(c)(37) |
| Fine | PC §136.1 / §672 | Up to $10,000 | Additional to custody | N/A |
Related Charges Frequently Filed with §136.1
PC §422
PC §422
Criminal threats — routinely charged in parallel when the intimidation included an explicit threat of death or GBI.
PC §186.22
PC §186.22
STEP Act gang enhancement — 2, 3, or 4 years added when §136.1(c) done for the benefit of a criminal street gang.
PC §182
PC §182
Conspiracy — charged where multiple defendants coordinated the intimidation.
PC §12022.7
PC §12022.7
GBI enhancement — 3–6 years where the intimidation caused GBI.
Beyond the Sentence
- Serious-felony strike prior on §136.1(c) — Three Strikes exposure
- Excluded from PC §1170(h) county-jail felony sentencing — mandatory state prison
- Aggravated felony for immigration if 1+ year imposed (obstruction-of-justice under 8 USC §1101(a)(43)(S))
- 10-year firearms prohibition under PC §29805 for misdemeanor; lifetime under PC §29800 for felony
- Family-court custody / visitation restrictions
- Protective orders under PC §136.2 — automatic on filing
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §136.1 Intimidating a Witness Charges
Rubin Law, P.C. attacks the elements of PC §136.1 and mitigates strike exposure.
No Malicious Intent
§136.1 requires specific malicious intent to interfere. Ordinary conversations, requests to tell the truth, apologies, and settlement discussions do not satisfy the element.
PC §136.1 malice
First Amendment / Family Expression
Family members' emotional expressions about the case — 'why are you doing this to your brother' — are constitutionally protected speech absent an unambiguous threat.
1st Amendment
No Threat (reduce from (c) to (a)/(b))
Where the conduct lacked force, threat, gang nexus, or pecuniary gain, the felony reduces from the strike-level (c) to the wobbler (a) or (b) — eliminating strike exposure.
§136.1(a)/(b)
STEP-Act Enhancement Attack
Post-AB 333, PC §186.22 requires proof that the intimidation was committed 'with' and 'in association with' identified gang members and that it 'commonly benefits' the gang. Rubin Law defeats predicate-offense and benefit elements.
Not a 'Witness'
The target must be a witness, victim, or cooperator. Family members and intermediaries fall outside the statute unless independently qualifying.
PC §136(2)
PC §17(b) Reduction
For wobbler (a) / (b) filings resolved by probation, Rubin Law obtains §17(b) reduction to misdemeanor after successful probation completion.
Romero Motion (strike dismissal)
Where a §136.1(c) strike allegation is filed against a first-time or minor-record defendant, Rubin Law files People v. Superior Court (Romero) motions to dismiss the strike in the interest of justice.
People v. Romero
Constitutional Sources
07 — Court Process
How PC §136.1 Intimidating a Witness Cases Move Through Los Angeles Courts
§136.1 cases proceed through the following stages.
- 1
Step 1 — Investigation
Detectives interview the witness / victim, obtain jail-call recordings (§4570-authorized), social-media evidence, and phone records establishing the intimidation communications.
- 2
Step 2 — Filing / Arraignment
Filed in the courthouse handling the underlying case. PC §136.2 protective orders issue automatically at first appearance.
- 3
Step 3 — Preliminary Hearing (felony)
Prima-facie showing on knowledge, malice, and — for subd. (c) — the aggravating circumstance.
- 4
Step 4 — Discovery
Jail-call recordings, social-media forensics, cell-phone extractions (Cellebrite), and witness statements — plus STEP-Act discovery for any gang allegation.
- 5
Step 5 — Pretrial Motions
PC §995 dismissal on knowledge / malice sufficiency, §186.22 attacks on gang enhancement, Romero motions on strike dismissal, PC §17(b) reduction motions.
- 6
Step 6 — Trial
CALCRIM 2622 / 2623. Typically 3–7 court days. Extensive forensic-communications evidence.
- 7
Step 7 — Sentencing
Strike consequence on subd. (c) — Rubin Law argues Romero dismissal, low-term selection, and enhancement striking under PC §1385.
Los Angeles Courts That Handle PC §136.1 Intimidating a Witness Cases
§136.1 filings occur in the courthouse handling the underlying case.
Clara Shortridge Foltz Criminal Justice Center
Central LA — DTLA cases.
Van Nuys Courthouse East
San Fernando Valley cases.
Airport Courthouse
West LA cases.
Long Beach Courthouse
South Bay cases.
Compton Courthouse
South LA cases — heavy gang-nexus §136.1(c) calendar.
Pomona Courthouse South
East LA County cases.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Intimidating a Witness Defense Attorney
Daniel S. Rubin has defended clients charged with intimidating a witness and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §136.1 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Intimidating a Witness Cases Throughout LA County
09 — FAQs
PC §136.1 Intimidating a Witness Questions — Los Angeles
Is PC §136.1 a strike?
Only subd. (c) is a strike — the aggravated form involving force, threats, conspiracy, gang nexus, or pecuniary gain. §136.1(c) is a serious felony under PC §1192.7(c)(37). Subds. (a) and (b) are wobblers and are NOT strikes.
What is 'malicious' under §136.1?
PC §136 defines malice as any unlawful intent to vex, annoy, harm, or injure, or to thwart or interfere with the orderly administration of justice. Requests to tell the truth, apologies, and settlement discussions do not satisfy malice.
Can §136.1 be a felony without any force?
Yes. §136.1(a) and (b) are wobblers and may be charged as felonies (16 mo, 2, or 3 years) without force. §136.1(c) requires force, threat, gang nexus, conspiracy, or pecuniary gain.
Does a §136.2 protective order automatically issue?
Yes. PC §136.2 authorizes protective orders in any case involving witness / victim intimidation, and courts issue them routinely at the first appearance in a §136.1 filing.
Is §136.1 an aggravated felony for immigration?
Yes if 1 year or more is imposed. §136.1 is a categorical obstruction-of-justice offense — an aggravated felony under 8 USC §1101(a)(43)(S) when the sentence is 1 year or greater. Under-1-year sentences remain CIMTs.
Can §136.1(c) be reduced?
§136.1(c) is a straight felony and cannot be reduced under §17(b). However, Rubin Law negotiates plea reductions to §136.1(a) / (b) wobblers, and files Romero motions to dismiss the strike in cases proceeding to sentence.
Does a jail phone call to a family member count as intimidation?
It can. Jail calls are recorded and routinely used as §136.1 evidence. Even indirect messages to a witness through a family intermediary can qualify if the intent to prevent testimony is proven.
Available 24/7 — Free Consultation
Charged with Intimidating a Witness Under PC §136.1?
§136.1(c) is a strike-level felony with lifetime consequences. Rubin Law, P.C. attacks jail-call and social-media evidence, defeats STEP-Act enhancements, and files Romero motions on every strike allegation.