Bribery of a witness is considered a severe offense in California. It attracts stiff penalties, such as imprisonment and fines that impact one's life. Per Penal Code 137, this crime involves giving a witness something like a reward to influence their statement in court. The bribery of a witness is a betrayal of the justice system. If you are a defendant of such accusations, read along to learn the elements of this crime, possible defense strategies, and legal consequences.
Meaning of and Elements of Bribery of a Witness in California
California PC 137 stipulates that bribery of a witness is offering to give a witness any bribe with the intent to influence their statement or testimony in a trial, proceeding, or inquiry authorized by law.
To obtain a conviction under PC 137, the prosecution must be able to establish beyond a reasonable doubt that the defendant had a corrupt motive in trying to influence the witness. This means that it is not criminal to offer something of value to a witness if the offer is made without influencing their testimony. However, It is the corrupt intent, the desire to influence the decision of a legal proceeding in an unethical manner, that sets bribery apart from other transactions.
Elements of the Offense
The elements that the prosecution must establish to warrant a conviction under Penal Code 137 are as follows:
- You must have offered or given a bribe to a witness. A bribe can be defined as any reward, including monetary reward, offered with the aim of influencing the witness.
- The recipient has to be a witness in a legal proceeding or someone expected to be called as a witness in the trial.
- You must have had corrupt intent, that is, the offer or gift was made with the intention of influencing the witness or the witness's statement.
If the prosecution fails to prove these elements, the court cannot find you guilty of bribery of a witness.
Fighting Bribery of a Witness Allegations in California
Being charged with bribery of a witness in California can attract harsh sentencing. However, the following legal defenses can be applied to fight the allegations. You want to know these defenses to develop a defense strategy effectively.
No Witness
The ideal way to defend a Penal Code 137 violation charge is to prove that no witness was involved in the alleged case. In this regard, the prosecution must prove that the person allegedly bribed was a witness expected to testify in a trial. The no-witness defense can weaken the prosecution’s argument if your criminal lawyer can argue and prove that the person was not a witness or that their testimony was irrelevant in the case being prosecuted.
This defense is also applicable if you are caught attempting to bribe what you thought was a key witness to a certain case only to find out that the witness was not involved in the case.
When there is no valid witness, the bribery charge does not hold, and the court could render the allegations against you null and void. One element of the crime is that a witness must be one whose evidence can be compromised through bribery.
The prosecution can question the witness’s status by analyzing the available evidence and cross-examining the respective person. This can result in the exclusion of your charges as the element of the crime, namely bribing a witness, is to be proved non-existent.
No Corrupt Intent
According to the California PC 137 violation elements, the prosecution must prove that you acted with corrupt intent. ‘Corrupt intent’ means that you engaged in an act with an unlawful motive of receiving some form of personal or other gain. It means you performed these actions intending to violate the trial's integrity.
For the ‘no corrupt intent’ defense to be applicable in your case, you must prove that your actions did not have this wrongful intent. It may be that you acted in a certain way that is not with the specific aim of unlawfully affecting a witness’s testimony or availability. Your lawyer can demonstrate that your contact with the witness was not unscrupulous or with the intention of perpetrating fraud, as the law prohibits.
For example, if you offered money or a gift to a witness and this was not in exchange for their testimony or involvement in the trial, then this could be used as evidence in the trial to show you had no corrupt motive. The prosecution should prove that you intended to obstruct the course of justice, which can be difficult if your actions can be explained as innocent or if they are not connected to the case in any way.
When using this defense, your attorney should submit any materials or testimonial evidence that can portray your action in another light other than trying to influence the witness in a corrupt manner. This could include establishing that the contact with the witness was for only business purposes and not in any way related to the case in the court.
The outcome can result in a decrease or complete dismissal of the charges because, as stated in Penal Code 137, corrupt intent is an element of the case.
Entrapment from Law Enforcement Officers
Entrapment is the situation where a normally law-abiding citizen is pressured by the police or anyone acting for them to commit a crime that the said person would not otherwise commit. This defense means showing that you did not have a disposition to commit the crime of bribery but were led by the police or their agents.
If you are facing bribery of a witness charges, you would say that you never planned on performing such an act, but an officer or someone representing the police force coerced or persuaded you into it. You must prove this fact of pressure or influence by authorities to commit a crime.
The entrapment defense is usually difficult to establish in a court of law. You must prove that the officers, not you, initiated the bribery idea. For example, if an undercover officer continues to propose and urge you to bribe a witness and, at long last, you give in, this may be regarded as entrapment. However, if you were already ready to commit the crime and the officer just offered the chance, then the defense would not hold.
The judge will review law enforcement conduct to determine if entrapment was reached. The prosecution may challenge the entrapment defense by presenting evidence that before the entrapment, you were willing to commit similar offenses or a crime. Therefore, this defense tends to work depending on your case's circumstances and your defense lawyer's capability to explain the degree of coercion exerted by the police.
If your lawyer succeeds in defending you using the entrapment defense, it can lead to the exclusion of bribery charges, which will help to protect you from the severe legal consequences of a conviction under Penal Code 137.
Possible penalties, Punishment, and Sentencing for a PC 137 Violation
The penalties for bribery of a witness are serious since the crime is a form of attempting to subvert the justice system. A PC 137 violation is categorized as a felony.
Upon conviction, you may be imprisoned in a state prison for two, three, or four years. The length of the sentence is always influenced by the defendant’s past offenses, if any. At times, the court assesses the purpose of the bribery and the possible influence on the case. Aside from imprisonment, the court could fine you up to $10,000.
A felony conviction also has other effects that impact different spheres of your life and activities. Some civil liberties that may be forfeited include the right to vote, the right to bear firearms, and the right not to be admissible to the USA if you are an immigrant.
Also, a felony can disqualify a person from obtaining a job, leasing an apartment, or being granted a professional license. Consequently, a felony conviction attracts social stigma and legal limitations that may persist for a long time and affect many spheres of life.
If facing charges, it is important to know the possible consequences attached to the charges and to engage the services of a qualified lawyer to help one through the legal process.
Expunging a Bribery Conviction in California
Expunging a bribery conviction can help curtail the repercussions of carrying a criminal record. The expungement process means that your conviction is dismissed, and you are legally considered not to have been convicted. Expungement does not completely clear you from the conviction. However, it can prevent many of the consequences of having a criminal record.
To begin the expungement process, you must first complete your probation period. This typically means you have complied with all terms and conditions imposed by the court, such as paying fines, completing any required community service, and attending court-ordered programs. If you have fulfilled these requirements, you can file a petition for expungement with the court that handled your case.
Your petition will be submitted to the court, and several aspects will be considered when deciding whether to grant or dismiss the expungement. These include the type of the initial crime, your conduct while on probation, and other offenses. Before confirming or declining your application, the judge will decide whether you meet the criteria.
Expunging a bribery conviction means a better chance of finding a job, renting a house, and obtaining professional certificates, thus shedding a better chance at a clean record for a second chance. However, hiring a qualified lawyer is always advisable to increase the probability of a favorable ruling.
Related Offenses To Bribery of a Witness
Under California law, you could face other crimes similar to PC 137. The prosecution can choose to charge these crimes together with or in the place of bribery of a witness. These related offenses include the following:
Bribery by or of Executive Officers, California PC 67 and 68
- Penal Code 67
Under Penal Code 67, offering a bribe to any state executive officer with the intent to influence the officer's decision, vote, opinion, or any other official act is illegal. Executive officers include police officers, district attorneys, and other high-ranking officials within the executive branch of government. If you are found guilty of offering a bribe to an executive officer, you could face up to four years in state prison.
- Penal Code 68
Penal Code 68 makes it illegal for an executive officer to accept or agree to accept a bribe in exchange for influencing their official actions. A conviction under PC 68 carries similarly severe penalties, including up to four years in state prison. Additionally, a conviction for bribery by or of executive officers can lead to fines and disqualification from holding any public office in the future.
Bribery by or of Legislators, California PC 85 and 86
- Penal Codes 85
Penal Code 85 makes it a crime to offer or give a bribe to any member of the state legislature, intending to influence the legislator's vote or any official decision. If you bribe a legislator, you could face imprisonment for up to four years.
- Penal Code 86
Conversely, Penal Code 86 makes it illegal for a legislator to solicit, accept, or agree to accept a bribe in return for their vote or any other legislative act. Legislators convicted under PC 86 can also face up to four years in state prison.
Bribery by or of Judges and Jurors, California PC 92 and 93
- Penal Codes 92
Penal Code 92 prohibits offering a bribe to a judge, juror, or anyone authorized to hear or determine legal cases intending to influence their decision. This statute recognizes the importance of maintaining impartiality and fairness within the judicial system. A conviction under PC 92 can result in imprisonment for up to four years.
- Penal Code 93
Penal Code 93 targets the acceptance of bribes by judges and jurors. If a judge or juror accepts or agrees to accept a bribe to influence their decision in a legal matter, they can face up to four years in state prison.
Find a Long Beach Criminal Defense Attorney Near Me
At the Long Beach Criminal Attorney, we offer customized defense strategies that cater to the needs of clients who need our services. Our defense lawyers are experienced in representing clients facing bribery charges across the Long Beach area. Call us at 562-308-7807 today to schedule a meeting with our attorneys and receive a comprehensive case evaluation.