Dissuading a Witness -- A Relatively Minor Offense...That is, Unless You're a Gang Member
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.
And while it may seem that this harsh sentence violates one’s constitutional right to remain free from cruel and unusual punishment, the courts disagree, upholding this sentencing enhancement.
