“Criminal threats” will be charged as a domestic violence crime when an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in serious bodily harm or death to that partner. GLBT intimate partners are or were civilly united, have children together, are or were living together and are or were dating. Whether the defendant actually intended to commit the threatened crime is irrelevant to his or her defense. The only issue that truly matters is whether the intimate partner reasonably feared for his or her safety or for the safety of his or her family.

Because a criminal threats accusation can be made with no physical evidence of the threat, it would be easy for someone to falsely accuse his or her partner of this crime. When this type of situation occurs, the accuser may later decide that he or she wants to tell the truth about what happened. He or she may incorrectly believe that it will help the accused if he or she doesn’t cooperate with the police or prosecuting agency or “recants” (which means to change or take back) his or her allegation. When an accuser does this, it can actually be devastating to the defendant.

Recanting witnesses present unique challenges for the defense. When an accuser decides to come-clean about a false accusation, it is best that both partners speak to a California domestic violence lawyer who is familiar with the issues that a recanting victim raises. The LGBT supportive attorneys at the Kavinoky Law Firm have successfully defended numerous individuals who were charged with domestic abuse crimes, including making criminal threats, and understand the challenges that this situation presents. With their compassion, they can help both parties navigate through the criminal court system in an effort to right a wrong.

Recanting victims allow a prosecutor to introduce evidence that may otherwise have been inadmissible during a D.V. trial for threatening an intimate partner. When an accuser recants, the prosecutor is allowed to play for the jury a recording of the emergency call that the accuser placed to the police either during the threat or immediately after the threat. The district attorney will also be allowed to introduce statements that were made by the accuser during the police investigation. Since that call and the subsequent statements were made when the accuser was actually in fear or were made out of anger, revenge or some other motive that served as the basis for placing the original call, the tone and emotions of the accuser will undoubtedly come through and will receive undue attention from the jury. In addition, when an accuser recants, the prosecutor will likely hire an expert witness to testify that the individual is recanting because he or she was told to do so by an already abusive partner or because he or she was fearful of what would happen if he or she didn’t. The expert will discuss intimate partner violence issues such as the “cycle of abuse” and “battered person’s syndrome” that will likely resonate with the jury. This is another reason why it is imperative for the accused to have a skilled criminal defense lawyer who, at the very least, will hire a defense expert to rebut this type of testimony and offer the many legitimate reasons why an accuser might deny his or her original allegations.

When an individual recants, either because his or her original allegations were false or because he or she is truly fearful of his or her partner, it is critical for the accused to retain experienced legal counsel. The gay-friendly attorneys at the Kavinoky Law Firm know what it takes to successfully defend an individual against the damaging effects of a recanting witness. They further know ways to help quickly resolve cases where their non-heterosexual clients and/or their recanting intimate partners don’t wish to go public with their private relationship. Contact them today for a free consultation.