Criminal threats, when made against an intimate partner, will cause the offense to be prosecuted as one of domestic violence in California. Gay, lesbian, bisexual and transgender intimate partners include those who live together, those who have children together, those who are dating, those who are civilly united and those who no longer remain a couple but who once shared one of these relationships. This crime occurs when an individual threatens to execute a crime against his or her intimate partner that, if carried out, would result in serious bodily injury or death. It is punishable by up to a year in jail or prison, depending on whether it is charged as a misdemeanor or felony, respectively. In a criminal threats case, along with most other DV cases, there are certain trial considerations that will typically arise and that have special roles within these types of trials, which is why it is so important for the accused to hire a California domestic violence lawyer.

Witness issues and evidentiary concerns top the list of the most frequently encountered trial issues and have several components that must be independently evaluated within each. The following is a sampling of these considerations.

Witness accounts may be very useful in helping to defend against a criminal threats charge. Since this charge may be filed based entirely on the testimony of the accuser, it may help the defense if someone else was present who could point out that the intimate partner’s fear was unreasonable.

Recanting witnesses are witnesses who were either present for or are more likely a party to the alleged incident who change their stories or testimony. If not first guided by an experienced criminal defense lawyer, they can be devastating to the defense, even if they are trying to help.

Battered person’s syndrome is likely to become an issue if the alleged victim is a recanting witness. The prosecution will argue that the partner has recanted his or her story because he or she suffers from this psychological condition.

Physical evidence has the potential to make or break the prosecution’s case. If there is physical proof of the threat, perhaps in a tape recording, in a letter, in a video or in the form of DNA, it will be easier for the defendant to be convicted. This is why a good defense attorney will have any physical evidence independently analyzed.

Hearsay is a huge issue in a domestic abuse case because these types of cases are the exception to the general rule that states that hearsay is inadmissible. An attorney who doesn’t regularly practice intimate partner abuse law will be unfamiliar with the ways that hearsay can be introduced into and excluded from evidence, which will put his or her client at a severe disadvantage.

Being involved in a same sex relationship that has been affected by domestic violence will also likely invite a unique issue. Our society is still plagued by fear and intolerance for anyone it considers “different” and a judge or jury may have personal biases about a homosexual defendant that could prejudice the accused right from the start. A gay-friendly attorney knows how to best respond to these issues and how to ensure that his or her clients receive fair trials.

The rules surrounding domestic abuse law are technical and complex, which is why it is imperative that an individual who has been charged with making criminal threats against his or her intimate partner hires an attorney who concentrates on this ever-changing area of the law. The GLBT supportive attorneys at the Kavinoky Law Firm not only know the intricacies behind each and every evidentiary issue that may arise in a criminal threats trial, but they also know how to successfully use each to their client’s advantage. They have law offices in Los Angeles and throughout California, which allows them to conveniently defend anyone in need of a California domestic violence attorney. For legal advice about a criminal threats charge, contact them today for a free consultation.