California’s domestic violence laws apply to all crimes that are committed against one’s intimate partner. Intimate partners, with respect to a same sex relationship, include partners who are civilly united, partners who have children together, partners who are living together, partners who are dating and partners who no longer remain a couple but who once shared one of these relationships. California is very tough on its DV offenders, which is why it is imperative for an individual who has been accused of such a crime to contact a California domestic violence lawyer as quickly as possible after his or her arrest so that he or she can immediately begin preparing a defense to hopefully avoid the life changing consequences that usually coincide with this class of crimes.

“Criminal threats,” which is defined under California’s Penal Code Section 422, is a “wobbler,” which means that the crime can be charged as either a misdemeanor or a felony depending on the severity of the individual case. Section 422 states that an individual who willfully threatens to commit a crime against his or her intimate partner which will result in death or serious bodily injury to that partner either by verbal, written or electronic communication, whether or not he or she has any intent to actually carry out the threat, may be charged with this crime if the partner reasonably fears for his or her own safety or for the safety of his or her family. Whether this charge is prosecuted as a misdemeanor or as a felony, it is punishable by up to one year in the county jail or in the state prison and carries a host of other penalties if the defendant receives a probationary sentence. In addition, firearm restrictions will be imposed upon an arrest and professional licensing restrictions may be imposed upon a conviction, both having the potential to end an individual’s career. Given the severity of these consequences, it is vital to have a skilled criminal defense lawyer at the defendant’s table.

Criminal threats, when made, must be so clear, unconditional, immediate and specific so as to convey to the accuser that the threat could be immediately executed. In addition, the form of the threat doesn’t matter – the threat could be made in person, in a letter, over the telephone, or conveyed in an e-mail – just as long as the person actually receives the threat. On that note, the threat doesn’t even need to be real. Even if the defendant never actually intended to carry out the threat, he or she could still be prosecuted for this crime if his or her intimate partner was reasonably in fear.

An experienced domestic violence attorney will thoroughly investigate all the facts and argue all applicable defenses. Such an attorney has mastered this area of the law and, as a result, knows how to most effectively portray his or her client as someone to whom the judge and jury can relate. The GLBT supportive attorneys at the Kavinoky Law Firm specialize in California intimate partner violence crimes and have successfully defended countless individuals charged with these offenses. They know the intricacies behind a criminal threats charge and know how to effectively convey the available defenses to the court. They understand the special fears and concerns that their gay, lesbian, bisexual and transgender clients may have facing a system that can be oppressive and hostile towards someone it views as “different” and are dedicated to protecting the rights of all their clients by ensuring that a judge and/or juror’s personal biases do not interfere with their client’s right to a fair trial. Treating each client with the utmost compassion and respect, they will guide their clients through the criminal court process with skill and integrity. With law offices located in and around Los Angeles and throughout California, they are available to represent anyone in need of a California D.V. lawyer. For legal advice about a criminal threats charge and for unparalleled representation, contact them today for a free consultation.