Attorneys at The Kavinoky Law Firm have years of experience helping people who were charged with domestic violence. The Firm’s lawyers receive ongoing training about the latest case law and cutting edge trial strategies. California created a harsh set of D.V. laws to protect the state’s intimate partners from abuse. Consequences are intended to severely punish perpetrators, but having a good criminal defense attorney ensures that a person accused of such crimes receives competent legal representation. A good attorney can provide a rock solid defense.

When an individual threatens to commit a crime against his or her intimate partner that would result in death or significant bodily injury to that partner if the threat were completed, he or she would be charged with making a criminal threat. As a crime of domestic violence, this offense occurs when the target is an intimate partner. California has defined intimate partner to include girlfriends, boyfriends, spouses, divorcees, cohabitants and people with children in common. The laws protect homosexuals and heterosexuals equally. The crime can be filed as a misdemeanor or felony, punishable by up to one year in jail or prison.

One defense available to a person accused of making a criminal threat is insufficient evidence. This defense can be raised before the case even goes to trial. If the prosecution does not have any physical evidence but only has “He said, She said,” allegations of the threat and there were no eyewitnesses to corroborate the alleged incident, the defense attorney may be able to convince the prosecutor or judge to either reduce the charge or to dismiss it entirely due to a lack of evidence. Similarly, if the defense attorney can take evidence that is present such as a letter or voice recording and raise doubt as to the identity of the person’s voice or handwriting, then the defense of mistaken identity may help exonerate the defendant.

Another potential defense to be raised against a criminal threat charge is self-defense which is appropriate if the accused was also a victim in the alleged incident. Battered person’s syndrome is a psychological condition often raised when a defendant claims self-defense. Such a claim only works if the accused has truly been the victim of abuse by his or her partner and only threatened the partner out of a belief that doing so was necessary to prevent death or serious bodily injury that would have otherwise been inflicted by the partner.

If the alleged victim made false allegations that led to the defendant’s arrest, such actions could be used as a defense to this crime. A good defense attorney will look for any ulterior motives such as anger, jealousy, or revenge that may have prompted the alleged victim to lie. In some cases, charges might be filed against the alleged victim for fabricating stories and lying to law enforcement.

All crimes have elements that must be proven by the prosecution to secure a conviction. Making a criminal threat requires that the defendant specifically intended that the threat be taken seriously as a legitimate and eminent. Therefore, if the accused was expressing thoughts in a creative manner or only meant the threat as a joke, he or she could not be found guilty of this crime and lack of proof of one of the elements could serve as a defense. Similarly, the threat must have been unequivocal, specific and immediate or the defendant could argue that it wasn’t intended to be an actual threat. However, if the defendant meant for the threat to be taken seriously, but did not intend to commit the crime, he or she may still be convicted if the partner had a reasonable fear for his or her safety. A lack of intent to carry out the threat is not a defense.

Hiring a skilled defense attorney is one of the most important actions for a person accused of making a criminal threat or any other crime of domestic violence to take. The experienced attorneys at The Kavinoky Law Firm have defended against hundreds of intimate partner abuse charges and are very familiar with all the available defenses and which ones are appropriate under various circumstances. Contact The Kavinoky Firm today and consult with a knowledgeable attorney who can help with all aspects of the case.