A criminal threat is a crime of domestic violence in California that occurs when an individual threatens to commit a crime (capable of serious bodily injury or death) against an intimate partner. The threat can take multiple forms including person to person, over the phone, in a letter, email or text, or through a third party. The only requirement in regard to the form is that the partner actually received the threat. In addition, the partner must also have a reasonable fear for his or her safety or that of his or her family. Regardless of whether the accused intended to commit the threatened crime, he or she can be convicted of a misdemeanor or a felony criminal threat offense if the threat was perceived as real.

In response to an increase in domestic violence, California developed a series of stringent laws intended to severely punish any perpetrators of intimate partner abuse. Included in these types of relationships are homosexual or heterosexual people who are married, divorced, separated, dating, cohabitating, or who have children together. While the crime of making a criminal threat can involve anyone, the charge will be filed as domestic abuse when it occurs against an intimate partner. The legal consequences can be quite harsh, therefore it is very important that a person facing this kind of accusation have competent legal representation.

Because most occurrences of domestic violence take place in the privacy of the couple’s residence, there are often no eyewitnesses to the alleged event. Allegations are largely based on “He said, she said,” statements. However, when an eyewitness is present, that person can play a very influential role in the trial. Because both the prosecution and the defense will be allowed to question the witness, he or she will basically testify for both sides. It is important that the defendant’s lawyer be skilled in cross-examination to expose any inconsistencies in the prosecution’s witnesses.

The job of an eyewitness is to report the truth regarding what he or she saw and heard during the alleged incident. However, in many cases, the eyewitness is closer to one party and therefore may experience a tendency to want to help the person to whom he or she is most loyal. Sometimes the stories are embellished or tainted and the truth as to what actually happened lies somewhere in the middle. An eyewitness may have only seen part of the charged incident without the knowledge of the back-story or the events leading up to that incident. The defense attorney must ensure that the judge and jury hear the entire sequence of events to have a complete understanding of the situation. With a crime such as making a criminal threat, where nuances in statements and behaviors are crucial, a good attorney knows the importance of having the judge and jury hear his or her client’s version of the events. Any tendency by the accuser to make false or exaggerated allegations, perhaps due to ulterior motives, must be explored and communicated to the jury.

Securing a top-notch defense attorney is not difficult if the defendant contacts the Kavinoky Law Firm. Their lawyers receive extensive training in trial strategies and how to effectively cross-examine a witness for the prosecution. They also know how to prepare their own witnesses to handle any curveballs that the prosecution might throw their way. These attorneys can highlight discrepancies in the witness’s testimony, reveal any questions in credibility, and use all witnesses to portray the defendant in a more favorable light. Anyone facing a criminal threat charge should hire an experienced attorney immediately and the Kavinoky Firm has a reputation for offering excellent legal representation.