Initiating a criminal threat against an intimate partner is a crime of domestic violence in California. The state’s D.V. laws define intimate partners as homosexual or heterosexual couples who are married, divorced, living together, dating or who have children together. When an individual, through verbal, written or electronic communication, threatens to commit a crime which could result in death or serious bodily injury against an intimate partner, that person can be charged with making criminal threats. Whether or not the individual intends to carry out the threat is irrelevant if the partner has a reasonable fear for his or her own safety or that of his or her family. This crime may be prosecuted as either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.

All crimes have specific elements that the prosecution must prove beyond a reasonable doubt to secure a conviction against the defendant. Each element of the charge must be independently proven or the jury must return a verdict of not guilty. In other words, a showing by the defense that just one element cannot be proven will lead to an acquittal for the accused. An experienced criminal defense attorney will individually attack each element and work to create reasonable doubt in the minds of the jurors.

There are five elements that must be proven for the prosecution to obtain a criminal threat conviction. The first element is that the defendant willfully threatened to commit a crime that would have resulted in death or significant bodily injury to his or her intimate partner. The second element is that the accused intended his or her behavior to be taken as a threat. Therefore, if the defendant was joking or making an attempt to be funny and did not intend for the partner to take him or her seriously, the lack of intention would serve as a defense to the second element.

The third element is that the threat was communicated verbally, in writing or through an electronic communication device such as a computer, pager, fax machine or video. The threat had to be conveyed to the intimate partner through some means - even a third party could communicate the threat to intimate partner.

The fourth element is that the threat must be unequivocally clear, unconditional, immediate and specific so as to convey to the defendant’s partner that it could be immediately executed. Even if the accused didn’t actually intend to carry out the threat, he or she can still be convicted of this crime. The intent to carry out the threat is not necessary.

The final element required for a criminal threat conviction is that the intimate partner must have a reasonable fear for his or her safety or for the safety of his or her family. The standard is whether a reasonable person placed in a similar situation would experience such a fear. This element is designed to eliminate any frivolous charges.

The best way to avoid the severe legal consequences of a criminal threat conviction is to employ an experienced criminal defense lawyer who knows how to refute this crime’s elements. The skilled attorneys at the Kavinoky Law Firm receive ongoing education in domestic violence offenses including any potential issues that may arise during a trial. Contact the Kavinoky Firm today and speak with a legal professional who will help with all aspects of the case.