The Definition of “Criminal Threats”
Criminal threats are one of the charges that can be brought in a California domestic violence case involving intimate partners. The term ‘intimate partners’ defines any type of couple – the individuals may be heterosexual or homosexual and can be married, divorced, living together, have children together, or currently or formerly dating.
Any individual who threatens, either by verbal, written or electronic communication, to commit a crime which will result in death or serious bodily injury against an intimate partner can be charged with making criminal threats. Whether or not the individual has any intent to actually carry out the threat is irrelevant if the partner is reasonably in fear for his or her own safety or for the safety of his or her family. This charge may be prosecuted as either a misdemeanor or a felony, punishable by up to one year in the county jail or state prison.
Every crime has specific elements or facts that the prosecutor must prove beyond a reasonable doubt in order to obtain a conviction against the defendant. Each element of the charge must be independently proved or else the jury must vote “Not Guilty.” That means that if just one element doesn’t hold true, the jury cannot return a conviction. An experienced domestic abuse attorney will aggressively defend the accused partner’s rights by individually attacking each element to sow reasonable doubt in the minds of the jurors.
Criminal threats consists of five elements that must be proved before the accused can be convicted. The first element is that the defendant willfully threatened to commit a crime, which if committed, would result in death or great bodily injury to his or her intimate partner. “Great bodily injury” means a substantial or significant injury.
The second element is that the accused intended his or her statement to be taken as a threat. This means that if the defendant was only joking or attempting to be funny and didn’t intend for the partner to take him or her seriously, he or she shouldn’t be convicted of this crime.
The third element is that the threat was communicated verbally, in writing or through an electronic communication device. Examples of electronic communication devices are computers, pagers, fax machines and videos. The gist of this element is that the threat simply has to be conveyed to the intimate partner through some means – even a third party can communicate the threat to the defendant’s intimate partner.
The fourth element is that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the defendant’s partner that the threat could be immediately executed. It is important to note that even if the accused didn’t actually intend to carry out the threat, he or she can still be charged with this crime, as that fact will not negate his or her culpability.
The final element is that the intimate partner must reasonably fear for his or her safety or for the safety of his or her family. This means that a reasonable person would have to fear for his or her life if placed in a similar situation. This element is designed to weed out any frivolous charges.
To best avoid the consequences that may be imposed with a criminal threats conviction, it is imperative that the accused hires an experienced criminal defense lawyer who knows the most effective ways to refute elements of this crime. The skilled attorneys at The Kavinoky Law Firm receive extensive ongoing training in intimate partner abuse and on the many issues that frequently arise in these types of cases. An experienced defense lawyer can answer any questions about a California criminal threats prosecution during a free consultation.
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