“Criminal threats” may be charged if an individual threatens to commit a crime against another that, if carried out, would result in death or serious bodily injury to that person. This crime may be charged even if the accused didn’t actually intend on following through with the threat, so long as the recipient believed that the threat was real and reasonably feared for his or her safety as a result. If the recipient of the threat was an intimate partner of the accused, the crime will be charged as one of domestic violence in California, subjecting the defendant to certain DV-specific penalties. Intimate partners, with respect to same sex couples, are those who have children together, those who are or were dating, those who are or were living together and those who are or were civilly united. Depending on the circumstances that surrounded the threat, the charge may be filed as a misdemeanor or felony, punishable by up to one year in the county jail or state prison.

While imprisonment is the most severe punishment involved in a criminal threats conviction, it certainly isn’t the only penalty that the defendant faces. It is also important to keep in mind that in addition to the sentencing requirements that follow below, aggravating factors will most likely invite an even stiffer prison sentence.

Punishment in a domestic abuse criminal threats case will usually include probation. Probation generally lasts for at least three years and, depending on whether the case was prosecuted as a misdemeanor or a felony, will either be formal or informal. Probation will include a variety of penalties, some designed to rehabilitate (such as a batterer’s class) and others designed to punish (such as the issuance of a criminal protective order).

Punishment will also include firearm restrictions that may only be lifted once a defendant has either completed his or her probation or has appropriately filed for an exemption. Professional licensing restrictions may also face an individual who was convicted of engaging in criminal threats against his or her intimate partner. Depending on the defendant’s career, if he or she holds a professional license, there is a chance that it could be suspended or revoked if the licensing board feels that making criminal threats is substantially related to his or her job.

Punishment may additionally come in the form of civil liability. Civil penalties may face a defendant whose intimate partner has decided to civilly sue for his or her damages. In civil court, a convicted defendant would face additional heavy fines and would be restrained by a civil protective order but would not face any additional jail or prison time.

“Criminal threats” has serious consequences. In order to ensure the most comprehensive defense, it is vital to hire one of the skilled GLBT friendly attorneys at the Kavinoky Law Firm who has experience not only with this specific charge, but with intimate partner violence cases as well. Their education and training in this field has led to their impeccable reputation. They are available to provide their outstanding legal advice and services to anyone in need of a California domestic violence lawyer, as they have law offices located in Los Angeles and throughout California to conveniently serve their clients. In those cases where punishment must be imposed, they will make sure that the safety of their gay, lesbian, bisexual and transgender clients is taken into consideration and given paramount priority by the court and, where appropriate, they will request alternative sentencing to accommodate those needs. For questions about a criminal threats charge, contact the Kavinoky Firm today for a free consultation and for unparalleled representation.