California Penal Code Sections 137 and 138, which address witness bribery, underscore the seriousness of this crime. A “bribe” is when a witness alters their testimony or agrees not to appear at a trial in exchange for money or something of value. This is a significant violation of the law and can have severe consequences.
However, the California Penal Code does not contain a detailed definition for bribery. In general terms, in the context of a witness at a trial, it's considered a bribe if they decide to accept any sum of money or something that has value for either not testifying or providing a false account of a situation.
It's possible to be convicted of a bribery offense if you offer a bribe to a witness or if a witness accepts a bribe. Penal Code Section 137 criminalizes the act of attempting to give or promising to give a witness something in exchange for not testifying or lying under oath to benefit someone else.
It also covers the unlawful act of attempting to blackmail or threaten a witness. California Penal Code Section 138 primarily covers the act of a witness accepting a bribe. A witness also violates California law when they accept something of value.
Therefore, it's important to note that someone can be convicted of bribery if they just offer a bribe to a witness, and the witness can be convicted for receiving the bribe. A common example in Los Angeles County includes a situation when someone tells a potential witness that unless they refuse to testify, something will probably happen to their family.
Another example includes a situation where you are a witness to a major car accident and the police ask you to come to the station to provide a formal statement. You approach the at-fault driver and tell them you will give a false statement about what happened in exchange for some money.
If you have been accused of bribery, it's crucial to seek immediate legal counsel from a Los Angeles criminal defense attorney at Eisner Gorin LLP. Refrain from making any statements to the police, as you might incriminate yourself. Remember, seeking legal counsel is your right and can significantly impact the outcome of your case.
Legal Definition of Bribery
California Penal Code Section 137 describes the crime of bribery as follows:"(a) Anyone who gives, offers, or promises any witness about to give information about a crime to law enforcement, or any bribe, on the understanding that their testimony will be influenced, is guilty of a felony offense. (b) Anyone who attempts by force, threat of force, or by fraud to induce another person to give false testimony, or withhold factual testimony to law enforcement, is guilty of a felony offense, punishable by imprisonment of up to four years."
California Penal Code Section 138 describes the crime of bribery as follows: "(a) Anyone who gives, offers, or promises a witness who is about to be called to a trial a bribe, on the understanding that they will not attend any trial, is guilty of a felony offense. (b) Any witness who is about to be called, who receives, or offers to receive a bribe, on the understanding that their testimony will be influenced thereby, or they will be absent from the trial where their testimony is required, is guilty of a felony offense."
As you can see above, Penal Code Section 137 makes it a felony crime to give, offer, or promise to give a witness anything of value with the intent to influence their testimony. It also prohibits using force, threats, or fraud to influence a witness to give false testimony of a crime or withhold information.
This is very similar to extortion under Penal Code Section 518. California Penal Code Section 138 makes it a felony crime for a witness to receive a bribe to influence their testimony at trial. Contact our Los Angeles criminal defense law firm if you need more specific information.
Bribery Elements of the Crime
In order for the Los Angeles County prosecutor to convict you of giving or offering a bribe to a witness in violation of California Penal Code Section 137, they must be able to prove, beyond a reasonable doubt, the following elements of the crime:
- You gave, offered to give, or made a promise of a bribe to a witness, or someone about to be called as a witness to give information to law enforcement about a crime, and;
- You acted with corrupt intent to persuade them to agree that the bribe would influence the testimony or information.
In order to be convicted of bribery under California Penal Code Section 138, the Los Angeles County prosecutor must prove the following:
- You were a witness, or someone about to be called as a witness;
- You received or agreed to receive a bribe;
- When you received the bribe, you implied with corrupt intent that it would unlawfully influence your testimony or cause you not to attend the trial.
It's crucial to understand the severe implications of the crime of bribery under PC 137 and PC 138. In this context, a bribe is any benefit, advantage, or item of value offered to a witness in exchange for their cooperation in giving false testimony, withholding information, or refusing to testify. A conviction for bribery is a felony, carrying a potential sentence of up to four years in a California state prison. This underscores the weight of the legal implications of bribery.
Bribery Related Offenses
- California Penal Code Sections 67 and 68 – Bribery of Public Employees,
- California Penal Code Sections 85 and 86 – Bribery of Elected Officials,
- California Penal Code Sections 92 and 93 – Bribery of Judges or Jurors,
- California Penal Code Section 641.3 PC - Commercial Bribery,
- California Penal Code Section 136.1 – Dissuading a Witness or Victim.
Legal Defenses for Bribery
Our Los Angeles criminal attorneys are equipped with a variety of effective legal defenses to defend you against bribery charges under California Penal Code Sections 137 and 138. Every case is unique and first requires a close examination of the specific details.
The most common legal defenses include the following:
- Lack of corrupt intent – As stated above, one of the important elements of the crime of bribery is that the prosecutor must prove that you acted with “corrupt intent.” In some cases, our criminal defense lawyers might be able to present a successful argument that you never offered or accepted a bribe, or did not possess corrupt intent. This critical element of intent is often difficult for a prosecutor to prove. If our lawyers can cast some reasonable doubt, you have a chance of avoiding a conviction.
- Entrapment – In certain situations, our attorneys might be able to present evidence that shows you only committed the bribery offense because the police unlawfully lured you into doing it. In other words, you would not have committed this crime if the police had not induced you to commit the offense you would have otherwise not done so.
- Coercion – In specific situations, arguing you only committed the bribery offense may be possible because someone else coerced you. This means another person persuaded you to offer or accept the bribe by using force or threats.
Suppose you have been accused of bribery of a witness in violation of California Penal Code Sections 137 or 138. In that case, you need to contact a Los Angeles criminal defense attorney at Eisner Gorin LLP.
We have a track record of success and will aggressively defend you. The first step is to let our lawyers review the details of your case. Contact our law firm at 877-781-1570. Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776
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