California’s domestic violence laws encompass all crimes that involve intimate partners. Intimate partners involved in a same sex relationship are partners who are civilly united, dating, living together, have children together and who used to enjoy one of these relationships even though they no longer remain a couple. It follows that “criminal threats” will be charged as an intimate partner abuse crime when an individual threatens to commit a crime against his or her intimate partner that, if committed, would result in death or serious bodily injury to that partner. The form of the threat doesn’t matter, as it could be conveyed in person, over the phone, in a letter, by a third person or in any other manner so long as the partner receives the threat. On that note, the partner must not only receive the threat but must actually and reasonably fear for his or her safety as a result. Even if the accused didn’t intend to actually commit the threatened crime, he or she can be convicted for this offense if the threat was perceived as real.

Domestic abuse usually occurs in private. Because of that fact, there are not many D.V. cases that involve eyewitnesses. When there is an eyewitness, however, he or she can either make or break the case for either side.

Witness accounts are simply supposed to reflect what the witness saw, although many eyewitnesses either embellish their story to prolong their fifteen minutes of fame or skew their story to favor one side or the other. Many times a witness will see only part of the charged incident without realizing that there were several events that led to what they saw, which could result in a misinterpretation of the alleged incident. It is up to a skilled California domestic violence lawyer to make sure that the judge and jury know the back-story on what took place before the alleged threat, so that they have an accurate understanding of whether the “threat” should have been reasonably perceived, whether the witness misread a private situation between two individuals or whether the witness was overzealous and wanted to testify out of loyalty to or hatred for one of the parties.

An experienced criminal defense lawyer knows how to turn any eyewitness, even a prosecution witness, into his or her own. The gay-friendly attorneys at the Kavinoky Law Firm excel in cross-examination and will take a witness who thinks he or she is testifying against the defendant and will ultimately use that witness to help the accused. The attorney will highlight discrepancies in the witness’s testimony, call his or her credibility into question when appropriate and will use that individual to make the defense appear more plausible. A seasoned defense attorney will also take the time to prepare any defense witnesses so that they know what to expect when they “take the stand” and are ready to answer questions not only from the defense but from the prosecutor as well.

A criminal threats charge is a serious matter that, depending on the circumstances, may be filed as a misdemeanor or a felony, punishable by up to one year in jail or prison. When charged with this domestic abuse crime, especially if there was an eyewitness to the alleged threat, it is crucial that the accused hires an attorney who is not only specializes in California DV law but who knows how to properly prepare a defense witness for trial and who excels in cross-examination. The unparalleled GLBT supportive attorneys at the Kavinoky Law Firm have successfully defended countless intimate partner violence cases because they know and have what it takes to win. They are in tune with the jury and conduct their examinations in ways that will be acceptable to the jurors, whether it means aggressively attacking a witness or treating him or her with kid gloves. For legal advice about a criminal threats charge, contact them today for a free consultation and for unsurpassed representation.