Criminal threats will be charged as a domestic violence crime in California if it is perpetrated against one’s intimate partner. One’s GLBT intimate partner is his or her partner or former partner in a civil union, the person with whom he or she has children, the person with whom he or she lives or lived or the person whom he or she is or was dating. When an individual willfully threatens to commit a crime against his or her intimate partner, which will result in death or serious bodily injury to that partner if executed, he or she may be charged with this crime. This offense may be charged as either a misdemeanor or as a felony, punishable by a maximum of one year in jail or prison and, because it is a domestic abuse crime, will subject the accused to a variety of additional consequences.

“Criminal threats,” when filed as an intimate partner abuse crime, has five elements (or facts) that must be proven before the accused can be convicted. If each element isn’t independently established, the jury must find the defendant not guilty. It is up to a skilled California domestic violence lawyer to make sure that the judge and jury see the holes in the prosecution’s case so that they know which elements haven’t been met.

The first element that must be proven is that the defendant willfully threatened to commit a crime, which if committed, would result in death or great bodily injury to his or her intimate partner. “Great bodily injury” means a substantial or significant injury.

The second element is that the accused intended his or her statement to be taken as a threat. This means that if the defendant was only joking or attempting to be funny and didn’t intend for the partner to take him or her seriously, he or she can’t be convicted of this crime.

The third element that requires proof is that the threat was communicated verbally, in writing or through an electronic communication device. Examples of electronic communication devices are computers, pagers, fax machines, phones and videos. The gist of this element is that the threat simply has to be conveyed to the intimate partner through some means and even a third party can communicate the threat to the defendant’s intimate partner.

The fourth element is that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the defendant’s partner that the threat could be immediately executed. It is important to note that even if the accused didn’t actually intend to carry out the threat, he or she can still be charged with this crime, as that fact will not negate his or her culpability.

The final element is that the intimate partner must reasonably fear for his or her own safety or for the safety of his or her family. This means that a reasonable person would have to fear for his or her life if placed in a similar situation. This element is designed to weed-out any frivolous charges.

To best avoid the consequences that may be imposed with a criminal threats conviction, it is imperative that the accused hires an experienced criminal defense lawyer who knows the most effective ways to defend this crime. The LGBT-friendly attorneys at the Kavinoky Law Firm receive extensive on-going training in domestic abuse and on the many issues that frequently arise in these types of cases. They are supportive of their gay clients and are well equipped to handle any of their unique issues or concerns. With law offices in Los Angeles and throughout California, they are conveniently located to provide their exceptional legal advice to anyone in need of a California DV attorney. Contact them today for a free consultation and for the best representation.