If an individual tries to prevent an intimate partner from initiating a criminal complaint, answering questions posed by a law enforcement agency, or testifying in court, he or she can be charged with witness intimidation. When classified as a misdemeanor, this crime of domestic violence is punishable by up to one year in jail. However, if force or the threat of force is involved in the intimidation, if the intimidation was carried out for financial gain, or if the intimidation was part of a conspiracy, the defendant will face felony charges punishable by two to four years in prison. Whether the intimate partner is actually intimidated or actually injured is immaterial to a witness intimidation charge. Intent to intimidate on the part of the defendant is sufficient.

California’s domestic violence laws protect intimate partners. For purposes of these laws, intimate partners include spouses, divorcees, girlfriends, boyfriends, cohabitants, and people with children in common. The laws are very punitive to offenders and are intended to discourage incidents of intimate partner abuse.

All crimes have elements that must be proven by the prosecution in order for a defendant to be convicted. The burden of proof is whether the judge or jury believes beyond a reasonable doubt that the prosecution has proven the element. Each element must be independently proven or the defendant must be acquitted. There are three elements which must be proven to secure a witness intimidation conviction.

The first element is that the defendant’s intimate partner was either a witness (someone with firsthand knowledge of the facts of a crime or who was scheduled to testify in a criminal proceeding) or the victim of a crime. The most common scenario in a domestic abuse witness intimidation case is when a defendant attempts to convince his or her intimate partner (the alleged victim) not to proceed with a complaint against the defendant.

The second element is that the accused intended to either prevent or dissuade an intimate partner from filing a criminal complaint, answering questions posed by any law enforcement agency, or from testifying in any court proceeding. In regard to this element, the question is whether the attempt was made, not whether it was successful.

The final element is that the defendant acted knowingly and maliciously. Therefore, if the defense can prove that the accused was acting in a genuine effort to protect his or her intimate partner, the prosecution would not be able to prove the element of malice.

When force or a threat of force (either express or implied) accompanies an attempt to intimidate a witness or if the intimidation was part of a conspiracy, the prosecution must prove such. In addition to the above elements, the prosecution would also have to show that implied or express force was used, that the act was part of a conspiracy or that the defendant committed the intimidation for financial gain. Each of these elements must also be independently proven.

The best way to avoid the severe consequences that result from a witness intimidation conviction is for the accused to hire an experienced criminal defense lawyer who knows how to refute the elements of this crime. The experienced attorneys at the Kavinoky Law Firm receive extensive ongoing training in domestic violence law and the various issues that arise in such cases. If you have been charged with intimate partner abuse or any other crime, contact the firm today and speak to a trained legal professional who can help with all aspects of the case.