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PC 139 Threatening a Witness | Fresno Criminal Defense Attorney

Penal Code 139 Threatening Witnesses

(a) Except as provided in Sections 71 and 136.1, any person who has been convicted of any felony offense specified in Section 12021.1 who willfully and maliciously communicates to a witness to, or a victim of, the crime for which the person was convicted, a credible threat to use force or violence upon that person or that person's immediate family, shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years.

(b) Any person who is convicted of violating subdivisions (a) who subsequently is convicted of making a credible threat, as defined in subdivision (c), which constitutes a threat against the life of, or a threat to cause great bodily injury to, a person described in subdivision (a), shall be sentenced to consecutive terms of imprisonment as prescribed in Section 1170.13

(c) As used in this section, "a credible threat" is a threat made with the intent and the apparent ability to carry out the threat so as to cause the target of the threat to reasonable fear for his or her safety or the safety of his or her immediate family.

(d) The present incarceration of the person making the threat shall not be a bar to prosecution under this section.

(e) As used in this section "malice," "witness," and "victim" have the meanings given in Section 136.

What should I do if I have been charged with a violation of this section?

You should consult with a Criminal Defense Lawyer to review you charges and facts with you.

The District Attorney charged me with threatening a witness, can I go to prison?

Yes, a violation of this charge could result in multiple years of incarceration.

Should I hire an Experienced Fresno Criminal Defense Attorney to help me with my case?

I would recommend that you at least consult with an Fresno Criminal Defense Lawyer to advise you on how to proceed with your case.

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