In the event that an individual threatens to commit a crime against an intimate partner that, if committed, would result in significant injury or death to that person, that individual would be charged with the crime of making a criminal threat. This crime falls under California’s domestic violence laws that were created to deter incidents of intimate partner abuse. Domestic violence encompasses all crimes where the victim of the crime has the status of being the offender’s intimate partner. The state has defined intimate partners to include spouses, divorcees, boyfriends, girlfriends, cohabitants, and people with children together. Intimate partners can be heterosexual or homosexual.

If the intimate partner experienced a reasonable fear for his or her safety after receiving the threat, regardless of whether the defendant had any actual intent of committing it, a criminal threats charge would be filed and the defendant would be prosecuted to the fullest extent of the law. The crime is a wobbler offense, meaning it could be classified as either a misdemeanor or felony, punishable by up to one year in county jail or state prison. That is the maximum prison sentence for a first time offender, but there are other legal consequences for a person convicted of making a criminal threat. Therefore, it is imperative that such an individual have a skilled attorney to help navigate California’s complex legal system.

In addition to up to a year in prison, a defendant faces other punishment following a conviction for a domestic violence charge. California law, under certain circumstances, allows a licensing board to suspend or revoke a convicted defendant’s professional license, thereby significantly damaging or ending that individual’s career. If the license holder has been convicted of a crime that substantially relates to the duties, functions or qualifications of that individual’s profession, the state allows the licensing board that issued the license to suspend or revoke it. It does not matter how the conviction was secured, a guilty plea, a no contest plea, and a verdict in a judge or jury trial are all sufficient for the license to be suspended. Some professional boards have even more restrictive private standards with respect to disciplining license holders.

An individual who has a professional license suspended will experience a significant impact on his or her life. Having competent legal representation may mean the difference between losing a career or maintaining it. A good lawyer has the resources and knowledge to defend against a professional license suspension. He or she can fight a prejudiced board trying to impose a restriction intended to inappropriately punish an otherwise competent professional. By arguing, among other things, that the crime in which the defendant was convicted is not substantially related to the qualifications, functions or duties of the license holder’s profession, the attorney will protect his or her client’s rights.

When facing a criminal threat domestic violence charge, the accused should hire an experienced criminal defense lawyer as soon as possible. Attorneys at The Kavinoky Law Firm have successfully defended many clients charged with criminal threats, helping them keep their careers, family and reputation in tack. Contact a Kavinoky lawyer today and speak with someone who can help with all aspects of the case.