California has incorporated domestic violence laws to protect intimate partners from abuse. The term intimate partners refers to heterosexual or homosexual people who are married, divorced, dating, cohabitating, or who have children in common. If an individual makes a criminal threat against an intimate partner, he or she will likely be prosecuted to the fullest extent of the law. Anyone charged with such a crime should hire an attorney who is experienced and knowledgeable in domestic violence law to aggressively defend all charges. A conviction can bring life-changing consequences so retaining a skilled attorney from the Kavinoky Law Firm is imperative to protect one’s family, freedom and reputation.

A criminal threat is called a wobbler because the offense can be classified as either a misdemeanor or a felony depending on the circumstances of the case. An individual who willfully threatens to commit a crime against an intimate partner which could result in death or serious bodily injury to that partner, either through verbal, written or electronic communication may be charged with making a criminal threat if the partner reasonably feared for his or her own safety or for the safety of his or her family. For purposes of prosecuting the offense, it does not matter whether the defendant had any intent to actually carry out the threat.

An important fact about this crime is that a conviction requires that the threat was very clear, unconditional, eminent and specific so as to convey to the accuser that it could be immediately executed. Also, the threat can take many forms – it could be made in person, in a letter, over the telephone, or conveyed in an email – as long as the person actually received the threat. The threat does not even have to be real. If the defendant never actually intended to carry out the threat, he or she could still be prosecuted for the crime as long as the intimate partner was reasonably in fear.

Criminal threats can be made against anyone, however, when the threat is directed toward an intimate partner, the charge will be treated as a domestic violence abuse case and prosecuted under D.V. law. These laws have serious legal consequences, including heavy fines, jail and/or prison time, firearm and professional licensing restrictions. A person convicted also faces harsh societal stigmas and potentially irreparable damage to his or her reputation.

Focusing on the alleged victim’s motives and credibility, a good attorney will work to lessen or eliminate the charges. If false allegations played a role in the arrest, the lawyer will notify the judge and jury of the situation and point out any motives such as jealousy or revenge. Attorneys with the Kavinoky Law Firm have handled numerous domestic violence cases, including those dealing with criminal threats against an intimate partner. These attorneys prepare aggressive defenses, treat their clients with dignity and respect and know what it takes to successfully fight a domestic violence charge. Contact the Kavinoky Firm today and speak to a qualified legal professional about your options.