Criminal threats, as a California crime of domestic violence, takes place when an individual threatens to commit a crime against his or her intimate partner that would result in serious bodily injury or death if carried out. Whether the accused actually intended to execute the threat is irrelevant, so long as his or her intimate partner reasonably reared for his or her safety or for his or her family’s safety. When charged as a DV crime, the defendant faces either a misdemeanor or a felony, punishable by up to one year in the county jail or in the state prison and a host of other consequences. However, if aggravating factors were involved in the commission of the crime, the defendant will face an even stiffer sentence.

Aggravating factors are facts or circumstances that make a crime seem more serious, more dangerous or more heinous. When present, they generally subject the accused to more severe punishment, which may cause a defendant to be prosecuted to the fullest extent of the law. When such circumstances are present, it is even more critical that the accused hires a California domestic violence lawyer who knows which arguments are likely to convince a judge that imposing such a severe sentence will not best serve the interests of justice.

Aggravating circumstances that are frequently connected to a criminal threats charge include the alleged victim (the defendant’s intimate partner) suffering an injury and the defendant having a criminal history. If the defendant is convicted of this crime and his or her intimate partner was significantly or substantially injured as a result of the charged incident, the defendant will serve three to five years in prison in addition to any other prison time that the judge orders. It should be noted that if the partner suffered an injury, the offense would automatically be filed as a felony. This means that, under these circumstances, the accused faces up to six total years in prison. The other aggravating factor that may affect any criminal case is the defendant’s prior criminal history. Before a judge imposes punishment upon a convicted defendant, he or she will consider any past criminal conduct that is on the defendant’s record. While this specific crime doesn’t have a section that states that a prior conviction for the same offense will automatically result in more severe punishment, prior convictions of any kind will likely affect the sentence that the judge issues, even if they aren’t supposed to.

There is hope. An experienced criminal defense lawyer who is familiar with the intricacies of domestic abuse and, more specifically, criminal threats will attempt to persuade the court to either reduce any mandatory prison time in the interests of justice and/or may propose alternative sentencing as another option, if the facts and circumstances allow for such relief.

Aggravating factors can always be rebutted with mitigating or extenuating circumstances, if the defense attorney is savvy enough to point them out. Sound legal advice requires that an individual who has been accused of making criminal threats against his or her intimate partner immediately hires an attorney who understands how aggravating factors play into a criminal threats case and who knows how to effectively downplay or refute their significance. The GLBT supportive attorneys at the Kavinoky Law Firm are devoted to protecting the rights of all their clients and to making sure that any penalties that must be imposed are kept to a minimum. They maintain an outstanding reputation with the different prosecuting agencies in Los Angeles and throughout California, which allows them to negotiate winning deals for their clients. Their comfort, experience and insight with respect to their gay, lesbian, bisexual and transgender clients allows them to provide unparalleled service to the LGBT community. To secure representation from a firm who specializes in California crimes of intimate partner abuse and who has successfully defended countless individuals against them, contact the Kavinoky Firm today for a free consultation.