Aggravating Factors with Criminal Threats
An individual who willfully threatens to commit a crime against his or her intimate partner can be charged with making criminal threats. Under California domestic violence law intimate partnerships include couples who are straight or gay, who may be married or divorced, have children in common, are living together, or who have dated at any time.
Criminal threats are in part defined as crimes that may result in death or serious bodily injury to a partner, either by verbal, written or electronic communication. Whether or not the defendant has an intention to actually carry out the threat is irrelevant to this offense 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. It is important to note that the threat, on its face and under the circumstances, must be so clear, unconditional, immediate and specific so as to convey to the partner that the threat could be immediately executed, even if the defendant doesn’t actually intend to carry out the threat.
Certain “aggravating factors” may prompt the court to impose additional sentencing if the suspect is found guilty of the crime. This is simply another reason why the accused should always hire an experienced attorney when charged with a crime. The skilled criminal defense lawyers at The Kavinoky Law Firm have experience in defending California domestic abuse cases. They are familiar with this special area of the law and will both aggressively defend the charges and do their best to keep all penalties to a minimum by arguing the injustice involved in imposing additional penalties.
Two aggravating factors are commonly alleged in a criminal threats charge. The first deals with injury. If the defendant is convicted of this crime and his or her intimate partner was significantly or substantially injured as a result of the charged incident, the defendant will serve three to five years in prison in addition to any other prison time that the judge orders.
The other aggravating factor that may affect any criminal case is the defendant’s prior criminal history. Before a judge imposes punishment upon a convicted defendant, he or she will consider any past criminal conduct that is on the defendant’s record. While this specific crime doesn’t have a section that states that a prior conviction for the same offense will automatically result in more severe punishment, prior convictions of any kind will likely affect the sentence that the judge issues.
An experienced lawyer who is familiar with the intricacies of domestic violence laws and, more specifically, criminal threats will attempt to persuade the court to either reduce any mandatory prison time in the interests of justice and/or may propose alternative sentencing as another option, based on the facts and circumstances of the individual case.
Before the court sentences a convicted defendant, it will hear from both parties as to whether there were any mitigating or aggravating circumstances that it should consider. When the prosecution presents aggravating circumstances, the court will generally impose the strictest available penalty unless a good defense attorney is able to dissuade it from doing so. When aggravating circumstances exist, it is critical that the accused contact an attorney who has the knowledge and skills to effectively convince the court that to add an additional sentence would be against the interests of justice. The attorneys at The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse charges.
