"Criminal threats” may be prosecuted as a misdemeanor or a felony depending on the circumstances that surrounded the allegation. An individual may be charged with this crime as one of domestic violence in California if he or she threatened to commit a crime against his or her intimate partner that would result in death or serious bodily injury to that partner. Same sex intimate partners are partners who live together, who have children together, who are dating, who are civilly united and who were previously involved in one of these relationships. The threat can be verbal, written, electronically communicated or even made through a third person. Whether the accused actually intended to carry out the threat is irrelevant, as the only thing that matters with criminal threats is that the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Physical evidence of a criminal threats charge can be critical if and when it exists, as many intimate partner abuse cases are based entirely on the accuser’s allegations. Physical evidence can therefore play a vital role. Without it, an assertive California domestic violence lawyer may be able to have the charge either reduced or dismissed due to insufficient evidence. With it, an attorney will have to know what arguments to make to have it excluded or will have to downplay its significance if it is admitted.

Physical evidence is evidence that one can see, hear or touch and helps to convict or acquit a defendant. Examples of physical evidence include injuries, DNA, documents or records and audio or visual recordings. In a domestic abuse case and, more specifically, in a case where the defendant has been accused of making criminal threats against his or her intimate partner, common types of physical evidence include injury to the accuser (which will be considered an aggravating factor), letters written to the intimate partner (either on paper or sent via an e-mail or text message), damage to personal property and messages that are recorded on the partner’s voicemail or answering machine.

Physical evidence can be a gift to the prosecutor in an intimate partner violence trial. In a D.V. case, many jurors are looking to convict the defendant for the alleged abuse and this type of evidence makes it that much easier to do. When this type of evidence exists, it is up to a skilled criminal defense lawyer to try to either exclude it if it is damaging or to ensure that it gets admitted if it is favorable and clears his or her client of the charge.

In an effort to devise the most effective defense strategy possible, the GLBT supportive attorneys at the Kavinoky Law Firm work with private investigators and expert witnesses to carefully examine physical evidence. Private investigators take photos of the crime scene, which includes any injuries that were sustained by the intimate partner, damage that was done to the home or to personal property and of anything else that they feel is appropriate. They interview everyone who was involved in or witnessed the charged incident. Expert witnesses analyze physical evidence to determine if it is authentic. They examine handwriting on a letter, the voice on a recording and injuries to make sure that they are genuine and weren’t fabricated in an effort to falsely charge the defendant.

The gay-friendly attorneys from the Kavinoky Law Firm know how to exclude or refute physical evidence, as they receive training in domestic abuse law and on the evidentiary issues that frequently arise in these trials. They understand the critical role that physical evidence can play in a criminal threats case and know how to respond to it so that it favors their client. For legal advice about this or any other DV charge, contact them today at one of their many law offices conveniently located in Los Angeles and throughout California for a free consultation.