Los Angeles Threatening a Witness Defense Attorney

At Kraut Law Group Criminal & DUI Lawyers, Inc., we understand how quickly an ordinary dispute can turn into a felony investigation when someone accuses you of trying to scare a witness. Because prosecutors view perceived interference with the justice system as a direct attack on the rule of law, allegations under Penal Code § 140 are filed aggressively and negotiated sparingly. If you or a loved one has been contacted by law enforcement or charges have already been filed, an experienced criminal defense lawyer is essential to safeguard your freedom, reputation, and future.

California Penal Code § 140 makes it a crime to use force or threaten to use force or violence against:

• Any witness, potential witness, or victim, or
• Any other person connected to the proceeding

Because that person has given information or assistance to police, prosecutors, or a grand jury, the statute also covers threats to damage, take, or destroy property for the same retaliatory purpose. The offense is a “wobbler,” meaning it can be filed as a misdemeanor or a felony punishable by two, three, or four years in custody.

Notably, courts have held that the prosecution does not have to prove the defendant intended to frighten the witness or change the witness’s testimony. What matters is whether a reasonable person in the same situation would see the words or conduct as a genuine expression of intent to harm.

• Anyone who has testified, is scheduled to testify, or may testify
• Individuals who have provided written statements, 911 recordings, surveillance footage, or other evidence
• Victims who report crimes or cooperate with police, even in unrelated proceedings
• Good Samaritan bystanders who identify a suspect or give factual information to investigators

Because the definition is broad, threats made on social media, in text messages, or even through a third party can satisfy the statute if the communication is traceable to you.

To secure a conviction, the District Attorney must establish each of the following beyond a reasonable doubt:

• A person had provided testimony, evidence, or other assistance in a criminal or juvenile matter.
• You willfully used force or threatened to use force or violence because of that cooperation.
• A reasonable person, aware of the circumstances, would interpret your words or actions as a serious intent to inflict unlawful harm.

Because the same set of facts can violate multiple statutes, prosecutors frequently add companion counts:

• Intimidating a Witness or Victim – Penal Code § 136.1 (dissuading future testimony)
• Criminal Threats – Penal Code § 422 (threatening serious bodily injury irrespective of cooperation)
• Bribery of a Witness – Penal Code §§ 137–138 (offering value for false, withheld, or altered testimony)
• Retaliation Against a Juror – Penal Code § 95 (similar protections for jurors)

Understanding the distinctions matters: some offenses carry strike consequences under California’s “Three Strikes” law, others trigger firearm prohibitions, and all can be charged simultaneously.

Because § 140 is a wobbler, sentencing hinges on the prosecutor’s filing decision, the facts, and your prior record.

• Misdemeanor conviction
  • Up to one year in county jail
  • Up to $1,000 in fines
  • Summary probation with protective-order conditions
• Felony conviction
  • Two, three, or four years in state prison (or county jail under Penal Code § 1170(h))
  • Formal probation is possible, often with jail, counseling, stay-away orders, and restitution.
  • Strike consequences if great bodily injury enhancements or gang allegations apply

Aggravating factors, such as weapons, prior violence, gang involvement, or threats made during domestic-violence proceedings, can lead to upper-term sentences.

• Immigration: A felony or a moral turpitude may trigger removal proceedings, denial of naturalization, or mandatory ICE custody.
• Firearm Rights: Felony convictions create a lifetime ban; certain misdemeanors impose a ten-year prohibition.
• Professional Licensure: Lawyers, nurses, teachers, real estate brokers, and other licensees face discipline or revocation.
• Family Law Impact: Courts can issue criminal protective orders or modify custody if a domestic-violence nexus exists.
• Civil Liability: An injured witness may file a civil suit for damages, punitive damages, and attorneys’ fees.

Every case is fact-driven. Effective defenses often include:

• False Accusation or Fabrication. Motivated witnesses may exaggerate or invent threats to gain leverage in a pending case or personal dispute.
• Ambiguous Language. Statements expressing frustration (“You’ll be sorry”) are not crimes unless they intend to inflict unlawful harm.
• No Nexus to Cooperation. The prosecution must prove you spoke or acted because of the witness’s assistance, not because of an unrelated quarrel.
• Lack of Immediacy or Ability. Conditional or hyperbolic remarks with no apparent means of execution may fall under protected speech.
• Constitutional Free-Speech Protections. The First Amendment bars criminalizing insults or political rhetoric absent a real threat.
• Mistaken Identity or Insufficient Proof of Sender. Digital threats require authentication; spoofed accounts and recycled phone numbers are common.
• Alibi and Third-Party Culpability. Witness intimidation can be orchestrated by co-defendants trying to shift blame.

In many matters we handle, an early, well-documented presentation of exculpatory evidence convinces the filing deputy to reject the case outright or to file only a misdemeanor.

• Pre-File Discussions: By contacting investigators before the report reaches a filing deputy, we can present witness statements, text-message logs, or cultural-context experts showing your words were not threats.
• Bail and Release Conditions: We argue for own-recognizance release or monitored contact provisions instead of blanket no-contact restrictions that can separate families.
• Protective-Order Hearings: We litigate the scope of criminal protective orders to allow essential communications (e.g., about children or shared housing).
• Charge reductions and Diversion: In appropriate cases, we negotiate informal diversion, deferred entry of judgment, or plea agreements for non-deportable offenses.
• Mitigation Packages: Demonstrating counseling, substance-abuse treatment, or anger-management enrollment can persuade judges to impose probation instead of prison.

Former Deputy District Attorney Michael E. Kraut spent over 14 years prosecuting serious felonies in Los Angeles County. He now leverages that insider perspective to dismantle witness-intimidation allegations on behalf of the accused. Our firm offers:

• Prosecutorial Insight: Strategic anticipation of the government’s evidence collection and charging timeline
• Trial-Ready Reputation: Proven willingness to take weak cases to verdict, pressuring the DA to offer dismissals or reduced charges
• 24/7 Accessibility: Rapid response to arrests, search warrant executions, or investigator outreach
• Comprehensive Resource Network: Forensic linguists, digital-evidence experts, immigration counsel, and mental-health professionals
• Client-Centered Advocacy: Clear communication, respect for your privacy, and relentless pursuit of favorable results

• Case Dismissed Pre-Filing. Domestic-violence suspect accused of texting threats to his partner after she spoke to detectives. A digital forensics report can be used to prove the account was spoofed by a jealous ex, leading to no charges.
• Felony Reduced to Disturbing the Peace. A young professional is facing prison for alleged retaliation against a bar-fight witness. A mitigation package showing no prior record, alcohol-treatment enrollment, and full restitution can be used to persuade the DA to amend the complaint to a misdemeanor.
• Not-Guilty Verdict at Trial. The client was accused of intimidating a gang case witness. Cross-examination may reveal inconsistent statements and a motive to lie for leniency in an unrelated theft case, thus undermining the prosecution’s case, which can lead to a Not-Guilty verdict.

Being labeled a person who threatens a witness can derail careers, immigration dreams, and family stability. The sooner you have a skilled defense lawyer on your side, the better the odds of containing or altogether avoiding the damage.

• Contact us for a confidential, no-obligation consultation with Kraut Law Group Criminal & DUI Lawyers, Inc.
• We serve clients in Los Angeles, Pasadena, Burbank, Glendale, Beverly Hills, the San Fernando Valley, and Southern California.
• Our office is conveniently located near Hollywood at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028.