Domestic violence crimes in California are covered by the state’s stringent set of intimate partner abuse law. The courts have defined intimate partners as couples who are married, divorced, separated, dating, cohabitating, or who have children together. They include both homosexuals and heterosexuals. Because the state has a vested interest in decreasing the number of domestic violence incidents, these laws are intended to punish perpetrators severely. Anyone facing such a charge would be advised to retain an experienced criminal defense attorney as soon as possible.

When an individual threatens to commit a crime that would result in death or serious injury against his or her intimate partner, that person can be charged with making a criminal threat. The state will prosecute this offense even if the defendant claims that he or she didn’t actually intend on following through with the threat. As long as the partner believed that the threat was real and experienced a reasonable fear for his or her safety as a result, the prosecution can secure a conviction. This crime is called a wobbler because it may be filed as a misdemeanor or felony, depending on the circumstances of the alleged threat.

The most severe punishment for a criminal threat conviction is imprisonment (up to a year in the county jail or state prison). However, incarceration is not the only penalty the defendant may receive. If the incident involved aggravating factors, the court will likely increase the length of imprisonment and even without these extenuating circumstances, the defendant usually has additional legal consequences.

Most defendants convicted of making criminal threats will be offered probation. The length of the probation is generally at least three years and may be formal or informal depending on whether the case was prosecuted as a misdemeanor or a felony. Formal probation involves the defendant reporting directly to a probation officer and informal probation involves the defendant periodically giving the court updates on his or her progress.

Domestic violence convictions usually include mandatory terms of probation that must be completed by the defendant. Once a conviction is secured, the defendant must go through certain procedural requirements such as the booking process that includes being fingerprinted, photographed and entered into a criminal database. Also, the court usually issues a criminal protective order against the defendant. Restrictions that the defendant faces depend largely on the circumstances surrounding the charged incident.

Probation also includes conditions designed for rehabilitation and punishment of the offender. Most D.V. convictions require the defendant to attend weekly batterer’s classes for at least one year. The court will also force the defendant to pay a fine to various domestic violence funds and offer restitution for any financial damage to the intimate partner. If drugs and alcohol played a role in the abuse, the defendant may be required to attend counseling for chemical dependency issues or attend various 12 step meetings.

Professional licensing restrictions are also an issue for an individual convicted of making criminal threats against an intimate partner. If the defendant held a professional license, it could be suspended or revoked if the licensing board that originally issued the license determines that making criminal threats is substantially related to the defendant’s job. Having a qualified attorney help defend against a possible license restriction is encouraged, as a suspension can be devastating to that person’s career and prevent him or her from earning a living to support a family.

Civil liability is another potential consequence if the victim decides to bring a cause of action against the defendant. If the judge or jury rules against the defendant in civil court, he or she would face additional heavy fines and possibly a civil protective order but would not face any additional jail or prison time.

Punishment for a criminal threat conviction can be serious and life changing. The best way to avoid such consequences is to retain one of the skilled attorneys from the Kavinoky Law Firm who has experience with domestic violence cases, specifically those involving charges of making a criminal threat. These attorneys have extensive training in California intimate partner abuse laws and will aggressively fight all charges. Contact the Firm today and speak with a qualified legal professional about your options