“Criminal threats” is classified as a California domestic violence crime when an individual threatens to commit a crime against his or her intimate partner that would result in death or serious bodily injury if committed. Non-heterosexual intimate partners are or were dating, are or were living together, are or were civilly united and are those who have children together. If, as a result of the threat, the recipient reasonably feared for his or her safety, his or her intimate partner may be charged with criminal threats as a domestic abuse crime. If convicted, the accused faces up to one year in jail or prison, depending on whether the charge was filed as a misdemeanor or as a felony, and faces a host of additional consequences due to the fact that the charge was filed as a DV crime.

Although imprisonment is the stated penalty for making criminal threats against one’s intimate partner, there are alternative sentencing options that an experienced criminal defense lawyer may be able to convince a judge better serve the interests of justice. The unparalleled, GLBT supportive California domestic violence lawyers at the Kavinoky Law Firm keep current with all of the different sentencing options that are available to their clients who have been convicted of intimate partner abuse charges so that they can effectively advocate for their imposition as an alternative to jail or prison. With law offices in Los Angeles and throughout California, they have experience with different courts located throughout the state and know what options are likely to be acceptable in each.

Alternative sentencing comprises a variety of options that serve as alternatives to incarceration. The most common types of alternative sentencing that may be imposed in a criminal threats case include probation, electronic monitoring, house arrest, community service or labor and counseling in either an individual or group setting. These options are by no means exhaustive but are the most frequently used alternatives to serving jail or prison time. Depending on which alternative is sought, a skilled domestic violence attorney may be able to convince the court that alternative sentencing will be more effective in acting as a deterrent to future criminal conduct, as the requested alternative may have a rehabilitative element to it, opposed to imprisonment which serves only to punish.

Alternative sentencing will only be imposed once the judge has considered a variety of factors. The court will want to know whether drugs and/or alcohol were involved in the charged incident or are regularly used by the defendant, whether there were any mitigating or extenuating circumstances that led to the commission of the crime, how extensive the defendant’s criminal history is and whether the defendant suffers from any mental illness. An experienced lawyer knows what facts and circumstances are likely to persuade a judge that alternative sentencing is a more appropriate penalty than jail or prison and will advocate for his or her client accordingly. In a case where the attorney is representing a gay, lesbian, bisexual or transgender client, safety may be a huge consideration, which should be vigorously argued to the court.

A California domestic abuse charge such as “criminal threats” jeopardizes an individual’s reputation, career, family and freedom the minute the accusation is made, especially when a jail or prison sentence awaits. Alternative sentencing can make all the difference, which is why it is imperative that an individual facing a criminal threats charge hires an attorney who is familiar with available sentencing alternatives and knows how to effectively argue for their application. The outstanding gay-friendly attorneys at the Kavinoky Law Firm will do their best to help keep their clients out of jail or prison by proposing creative alternative sentencing options that meet each client’s needs. One’s freedom is too important to trust to an inexperienced attorney. For legal advice about a criminal threats charge, contact them today for a free consultation and for the best representation.