Infliction of Injury Trial Considerations

Infliction of injury or spousal abuse is one charge that can be filed in a California domestic violence case involving intimate partners. The term “intimate partners” is a broad one that includes heterosexual or homosexual couples, married or divorced, living together or were formerly living together, or have children in common.

Anyone who willfully inflicts any injury, no matter how minor, upon the body of an intimate partner can be charged with a felony, punishable by up to four years in prison and a fine of up to $6,000. In some cases, this charge is brought against individuals who barely touched their intimate partners.

In an intimate partner abuse case, there are several evidentiary issues that frequently surface. Because the consequences of a domestic violence conviction are so severe, it is imperative that the defendant hires a criminal defense lawyer who is kept up-to-date on the latest applicable case law and cutting-edge trial strategies. The attorneys at The Kavinoky Law Firm have experience dealing with every aspect of a California domestic abuse case and receive ongoing training to make sure that they maintain their reputation for being the best. They not only know the intricacies behind each and every evidentiary issue that may arise, but they know how to successfully use each to their client’s advantage.

The following are some of the issues that are likely to arise in an infliction of injury case:

• Battered Person’s Syndrome also referred to as battered women’s syndrome, is a psychological condition applied to a partner who has been consistently, severely victimized by his or her partner. Although it is often used to describe women, battered person’s syndrome can involve people of either gender involved in heterosexual or same-sex relationships.
• Physical evidence can be a major factor in infliction of injury cases. Photographs or medical records showing actual injury are used by the prosecution if and when they exist. A skilled defense attorney will argue forcefully that any physical evidence in a domestic abuse case should be excluded.
• DNA evidence is being used more and more in intimate partner violence cases throughout the country, both to convict the guilty and to exonerate those wrongly accused or convicted.
• Recanting victims are extraordinarily common in infliction of injury cases and other domestic violence prosecutions. There are many reasons why an accuser might change his or her story during a trial. This occurs so frequently that prosecutors have tactics to proceed despite the accuser’s change of heart. However, a skilled defense attorney can use a recanting victim to the accused individual’s advantage.
• Eyewitness accounts often make or break an infliction of injury domestic abuse case. Both sides can subpoena witnesses who were present during the altercation that led to the charge. An experienced lawyer will work with defense witnesses to ensure that they present their testimony in a light most favorable to the accused. A good attorney will also effectively cross-examine prosecution witnesses to highlight discrepancies in their accounts.

The prosecution will likely try to introduce hearsay and 911 calls into evidence. Although this type of evidence is typically excluded in most criminal cases, hearsay and 911 calls are sometimes allowed into evidence in domestic violence cases. This is yet another good reason why it is so critical to have an attorney experienced in California domestic violence law, as he or she knows how to effectively argue against the admission of this type of evidence.

Domestic violence law is technical and complex, so it’s imperative to have an attorney who is qualified, skilled and experienced in this area. In order to secure the best representation from a firm who has successfully defended countless domestic abuse cases, contact the unparalleled attorneys at The Kavinoky Law Firm for a free consultation.

Penalties Imposed with a Violation of a Protective Order Conviction

Violation of a protective order is a California domestic violence offense that can be brought against an intimate partner in a current or past relationship. The term “intimate partners” applies to couples who are married, divorced, living together, have children together, or who are currently or were formerly dating. These laws apply to both heterosexual and homosexual couples.

Courts often issue protective orders in California domestic violence cases that prohibit the offender from specific acts of abuse, re-entering his or her own home, or exhibiting certain behaviors. Any individual who intentionally violates a protective order can be charged with a misdemeanor punishable by a maximum of a one-year jail sentence and a $1,000 fine. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000. California courts may even punish an offender for violating an order in California that was issued in another state.

If aggravating factors – facts that surround the charged incident that elevate the seriousness of the offense – are present, the offender faces additional penalties. Similarly, a prior conviction for violating a protective order will likely invoke an even stiffer sentence.

If the defendant is placed on probation (which is usually the case), it will remain in effect for at least three years. There are certain mandatory terms of probation with respect to any California domestic abuse crime, and these include the booking process if the defendant wasn’t booked upon arrest, issuance of a more restrictive criminal protective order against the defendant, the offender’s participation in a batterer’s class, and an additional fine payable to specific domestic violence funds.

A conviction for violating a protective order may also bring professional licensing restrictions. Under California law, a licensing board may suspend or revoke a professional license if the license-holder has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. This means that a conviction could potentially end an individual’s career, which is another reason why it is so important to have a competent attorney who is familiar with California law and can argue against such a restriction.

Finally, an individual may not only be charged criminally for violating a protective order, but may be sued in civil court for the violation as well. In a civil court, a person who is found liable for committing this wrong is subject to additional heavy fines and a more restrictive civil protective order but cannot be sentenced to jail or prison.

With such devastating consequences, it is imperative that an individual who has been arrested for violating a protective order immediately hires a qualified criminal defense lawyer who is familiar with all of the defenses that apply to this crime. The attorneys from The Kavinoky Law Firm have successfully defended countless individuals who were facing intimate partner abuse and protective order violation charges. They can answer any questions about a California domestic violence charge during a free consultation.

Recanting Victims and Sexual Battery Case

Sexual battery is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dating. If a person touches an intimate part of his or her intimate partner against that person’s will for the purpose of sexual arousal, sexual gratification or sexual abuse, he or she may be charged with sexual battery.

“Touching” can consist of any physical contact, however minor, whether it occurs directly, through the clothing of the accused, or through the clothing of the accuser. Sexual battery can be charged even against a partner involved in an ongoing, intimate relationship. Depending on the circumstances, the crime can be charged as a misdemeanor or a felony with penalties of up to one-year in jail or up to four years in prison and fines of up to $10,000.

A sexual battery charge can be filed against an individual even if he or she caused no injury to the victim, making it easy for an alleged “victim” to charge his or her partner with this crime with little or no evidence. Many times an individual will do this out of revenge, anger, or jealousy. He or she may later decide to tell the truth, but once the police are involved, it is too late to take the allegation back, as only the prosecutor and/or judge can decide to drop the charges at that point. When this type of situation arises, it is imperative for the accused to hire a skilled criminal defense lawyer from the Kavinoky Law Firm.

If the accuser chooses of his or her own free will that calling the police was a mistake for any reason, it is best for both partners to speak with an attorney who will help decide the best course of action. Many times the victim thinks that “recanting” (which means to take back or deny) the original story or not cooperating with the police or prosecution will help the defendant. Unfortunately, that is incorrect. In fact, in an intimate partner abuse case, the prosecution usually expects that a victim will recant and knows exactly how to proceed under this type of situation. A genuine recanting victim can be extremely harmful to the defendant if not first guided by an attorney.

When a victim recants, there are two major issues that arise. The first is that evidence that may otherwise have been inadmissible during the trial will now likely be admissible, and the second issue is that a “recanting victim” gives the prosecution a great argument against the defendant. Beginning with the first issue, when a victim recants his or her story, the prosecution plays for the jury a recording of the call that the victim placed to the police. The prosecutor will also admit into evidence any statements that the victim made to the police during the initial investigation. Because these statements were made in the heat of the moment and possibly out of revenge or stemming from some other motive, these statements can be devastating to the defense. Looking at the second issue, when a victim recants, the prosecutor usually brings in an expert witness who testifies that the victim is recanting because he or she has either been threatened by the “abuser” into doing so or that he or she is afraid of what further abuse might take place if he or she doesn’t recant. The expert will further explain that recanting is part of the “cycle of abuse” and that the victim likely suffers from “battered person’s syndrome.”

When an intimate partner chooses to recant his or her allegation, a highly qualified defense attorney from the Kavinoky Law Firm can help both parties navigate through the system with knowledge and compassion. The attorney will help develop the most effective defense strategy to successfully put an end to a terrible situation that simply spiraled out of control.

In California, when an individual threatens and willfully follows or harasses his or her intimate partner with the intent of placing that partner in fear, he or she will likely be charged with stalking as a domestic violence crime. Domestic violence crimes, in California, apply to all crimes that are committed against one’s intimate partner. Intimate partners are both heterosexual and homosexual persons who are married, divorced, living together, have children together, dating or formerly dating. While the crime of stalking isn’t necessarily a domestic abuse crime, if committed against an intimate partner, it will be prosecuted as such, subjecting the accused to a variety of severe penalties, including up to one year in county jail and/or up to a $1,000 fine or up to one year in state prison, depending on whether the crime was charged as a misdemeanor or as a felony and up to five years in prison if there were either aggravating circumstances that surrounded the alleged incidents or if the defendant has prior convictions for stalking or other specific offenses.

One of the ways that a defendant may be cleared from a D.V. stalking charge or convicted of a DV stalking charge is through DNA evidence. DNA evidence is playing a larger role than ever before throughout this country in acquitting and convicting persons charged with a crime. This is because scientists have developed ways of extracting DNA from sources that used to be too difficult or too contaminated to use.

DNA (deoxyribonucleic acid) is a type of scientific, physical evidence that, if and when it exists, can have a tremendous impact on the outcome of an intimate partner violence stalking case. An individual’s DNA includes information about everything from his or her eye color to any genetic defects. It is found in virtually every cell in a person’s body and is commonly retrieved from one’s blood, bone, hair, saliva or skin tissue. An individual’s DNA is particular to that person and remains constant throughout his or her life. The reason that this type of evidence is so conclusive is because, with the exception of identical twins, no two people share the same DNA. As a result, if someone’s DNA can be collected from a crime scene or from some other evidence that is linked to a crime, it may exclude a person from having been at the scene or from having participated in a crime, or it may directly link an accused to the crime.

DNA evidence is only going to be used more frequently in criminal trials as time goes on, which is why is it so important to have a criminal defense lawyer who understands the science involved in this type of evidence and who has experience defending against it. The skilled attorneys at the Kavinoky Law Firm receive ongoing education and training in intimate partner abuse cases and on the many different evidentiary issues, such as DNA evidence, that commonly arise in these types of cases. They have a great deal of experience defending individuals against stalking charges and have the knowledge and resources to make sure that the most comprehensive defense possible is devised for each individual’s case. To speak to one of our lawyers today, please click here for a free consultation.

Types of Abuse that Can Lead to Domestic Violence Charges in California

In California, domestic violence laws apply to all crimes that are committed against one’s intimate partner (that is, a spouse, former spouse, significant other, former significant other, the person with whom one lives or lived and the person with whom one has children), one’s child, parent or anyone else related by blood or marriage within the second degree. Domestic abuse is a general phrase that encompasses many different types of abuse, some that are easy to identify and prove and others that are not.

Physical abuse is perhaps the most commonly identified and most reported type of domestic abuse and can range from restraint to murder. Physical abuse occurs when an individual intentionally uses force upon another, attempting to cause pain, harm and/or injury. Types of physical abuse include, but are not limited to, sexual abuse, slapping, hitting, punching, pushing, shaking, restraining, biting, choking and assault with a weapon.

Emotional abuse, also known as verbal abuse or psychological abuse is thought to be widely underreported because of the fact that it is difficult to prove and is usually committed in conjunction with other forms of abuse. Although it would seem that physical abuse would be more painful, the effects of emotional abuse are considered to be far more devastating. Emotional abuse occurs when an individual threatens or intimidates another in an effort to gain control over that person, shames, mocks or criticizes another person (regardless of whether others are around at the time), isolates another person, destroys pets or property in front of another person in an effort to instill fear in that individual and when an offender blames the victim for the offender’s violent actions.

Financial abuse, or economic dependence, occurs when an individual either prevents access to or withholds money, checks or credit cards from another, steals from another (for example, a child who steals from a parent or a partner who steals from his or her partner or exploits that partner for his or her own financial gain) or withholds necessities from another such as food, shelter, medicine or clothes. Financial abuse often goes hand-in-hand with emotional abuse and can cause a victim to feel absolutely hopeless.

The effects of domestic violence are serious and can last forever. Victims of D.V. often exhibit depression, anxiety or fear, low self-esteem, anger, withdrawal, a difficulty in forming relationships with others, eating disorders and other health problems and may develop drug, alcohol and/or other destructive, addictive behaviors. The effects on children (whether they are directly abused or witness the abuse that takes place in their home) are even more extreme. In addition to the above behaviors, children will often act out by committing crimes and acting violent towards others, may attempt suicide and are more likely to grow up to be adult abusers.

The outstanding attorneys at The Kavinoky Law Firm specialize in California crimes of domestic violence and can help defend against a charge of intimate partner abuse, child abuse or elder abuse. These trustworthy attorneys can also provide referrals for counseling and other types of services for abusers who want help and for the victims that they have hurt. Because of the devastating effects that abuse can have on one’s family, an offender faces severe consequences if convicted of a Domestic Violence-related crime. One’s family and freedom are too important to trust to an inexperienced attorney. Contact the attorneys at The Kavinoky Law Firm today for a free consultation.

Domestic battery, is a California offense also known as “spousal abuse” or “spousal battery.” Under California law, battery is a domestic violence crime that applies to intimate partners. Intimate partners can be of opposite or the same genders, married, divorced, living together, have children in common, or be dating or formerly dating.

Battery is a “wobbler” offense, meaning that it can be charged either as a misdemeanor or a felony depending on the facts of the individual case. When charged as a misdemeanor, battery is punishable by a maximum one-year jail sentence and a $2,000 fine.

An individual can be charged with domestic battery even if he or she used only the slightest force. Any unwanted physical touching can result in a misdemeanor battery charge. However, if an individual suffers serious injury, such as broken bones, loss of consciousness or a concussion, the offense will likely be charged as a felony punishable by a maximum of four years in state prison.

Every crime has specific elements 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.” In order to find the accused guilty of “spousal battery”, the prosecutor must prove three elements.

The first element is that the accused used force or violence upon another. Note that this element doesn’t make any mention of injury. This is because a battery is simply any unwanted touching and has nothing to do with whether or not an injury was sustained by the offended party. The jury must only find that the defendant actually touched the accuser.

The second element is that the use of the force or violence was willful. “Willful” means that the individual had the willingness or desire to use force. Willingness has nothing to do with the amount of force used or the physical result of the force, it only deals with the willingness to simply do the act. In a situation where the accused willfully used the force in self-defense or in the defense of others, he or she is not guilty of a battery. It is the prosecutor’s burden to prove that the willful force was unlawful and not for self-defense or in the defense of others.

The final element that must be proved is that the accused and the accuser were intimate partners at the time of the alleged offense. This means that as long as the parties met the definition of “intimate partners” as defined above (which includes being married, divorced, separated, living together or formerly living together, having children in common, dating or formerly dating) at the time of the battery, the defendant may be convicted of this charge. It is important to remember that the definition of intimate partners includes heterosexual relationships as well as same-sex partnerships.

In a domestic abuse battery case where the victim suffered from serious bodily injury, there is an additional element that must be proved. The prosecutor must be able to show that the injury that the victim sustained was a result of the force or violence that was used by the accused. In other words, it must be proved that the injury wasn’t self-inflicted or caused as the result of an accident.

A California domestic battery accusation is a very serious matter. Facing a domestic violence charge can be devastating emotionally and financially, and a conviction carries severe penalties. To best avoid these consequences, it is imperative that an accused hires a skilled criminal defense lawyer who knows the most effective ways to refute this crime’s elements. In order to secure the best representation from a firm who has successfully defended countless intimate partner abuse cases, contact the experienced attorneys at the Kavinoky Law Firm for a free consultation.

Domestic battery, more commonly called “spousal abuse” or “spousal battery,” is a California domestic violence crime that applies to intimate partners. Intimate partners may be heterosexual or homosexual and married, divorced, living together, have children in common, dating or formerly dated. If a person willfully and unlawfully uses force or violence upon an intimate partner, he or she can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2,000 fine.

An intimate partner can face domestic battery charges even if he or she used only the slightest force. Any unwelcome touching can result in a battery charge. However, if the accuser suffers a serious injury, the battery charge will rise to a felony, which carries a maximum penalty of four years in state prison.

While that is the maximum prison sentence and fine that can accompany a first-time battery conviction (a person with prior battery convictions faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed. Having a caring and knowledgeable attorney from The Kavinoky Law Firm at the defendant’s side will make these conditions seem less overwhelming, as the attorney will help guide the defendant through the probationary process.

Anyone convicted of domestic battery in California will be placed on a minimum of three years probation which may be formal, meaning that the individual reports directly to a probation officer on a monthly basis and does as he or she is told by that officer, or informal, frequently called “summary probation,” which means that the individual must follow-through with the terms of probation and must not violate any other laws.

During the period the offender is on probation, a criminal court protective order will be issued against the defendant to prevent further acts of violence against the victim and, if appropriate, will contain a residence exclusion or stay-away conditions. It should be noted that the accuser will be notified about the outcome of the case. Within a week of sentencing, the defendant must be booked, which means entered into a criminal database, fingerprinted and photographed if he or she wasn’t booked prior to trial.

In addition to the procedural conditions just described, the convicted must pay a minimum of $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the victim for any reasonable expenses that the court believes were incurred as a direct result of the abuse.

When the court evaluates the defendant’s progress, it takes into consideration his or her ability to pay and his or her willingness and diligence in following-through with these mandated conditions. Finding good cause, the court may modify, extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at The Kavinoky Law Firm treat each client with compassion, discretion and respect. They sympathize with their clients and do their best to help each client through this difficult time. To learn more about the penalties that go along with a battery conviction or to speak with one of our attorneys regarding any another legal matter, click here for a free consultation.

Domestic battery, also referred to as “spousal abuse” or “spousal battery,” is a California domestic violence offense that can be charged in any alleged abuse situation involving intimate partners. The term “intimate partners” covers a wide range of relationships, including heterosexual and homosexual couples, individuals who are married, divorced, living together, have children in common, or who are dating or were formerly dating.

Anyone who willfully and unlawfully uses force or violence against an intimate partner can be charged with battery, which is typically charged as a misdemeanor and carries a maximum penalty of a one year jail sentence and a $2000 fine. This charge can be brought against a defendant even if he or she used the slightest force. Any unwanted physical touching could lead to a battery charge. However, if the accuser suffers a serious injury, the battery will rise to a felony, which carries a maximum sentence of four years in state prison.

The good news is that there are many effective defenses in domestic abuse cases. Altercations between intimate partners are emotional, highly charged incidents that can be interpreted in more than one way. A skilled criminal defense lawyer will ensure that the defendant’s version of events is not only heard by the jury, but believed as well.

Because a battery charge requires no physical proof of an injury and is commonly based on a “he said, she said” allegation, physical evidence and eyewitness testimony can be critical to the prosecution. However, a good lawyer will attempt to either discredit both or alternatively make them favorable to the defense.

In an effort to acquit the accused, the attorney will employ as many defenses as he or she can, which all include a thorough review of the facts, witness preparation and effective cross-examination skills. The experienced attorneys at The Kavinoky Law Firm specialize in intimate partner abuse cases. They are familiar with and have mastered the defenses available to an accused facing a battery charge and know how to effectively communicate them to the judge and jury.

Two common battery defenses are self-defense and the defense of others. If the accused can prove either of these defenses, he or she cannot be found guilty of this crime, as they negate criminal responsibility. Likewise, if there is a lack of intent on the part of the defendant (for example, the force or sustained injury was the result of an accident), he or she must be acquitted of this charge.

As stated previously, an accused can be charged with battery even if he or she used the slightest force. When a victim sustains little or no injury and there is no documented proof of the abuse or any credible eyewitnesses, the defense may argue that there is insufficient evidence to prosecute the defendant. Along these same lines, there will be occasions where mitigating circumstances existed at the time of the alleged incident that may either reduce or negate the charge. These are just some of the reasons why it is so important to have professional legal representation experienced in this area of the law.

Domestic violence statistics reveal that many couples who are involved in an abusive relationship are both victims and both abusers. This means that an accused may also be the victim of his or her intimate partner’s abuse and should not legally bear sole responsibility for the alleged incident. Another example of this power struggle (which is also another common defense) is when the so-called “victim” files false allegations. A skilled defense attorney knows how to effectively cross-examine a “victim” to prove that the allegations were indeed false and initiated out of anger, jealousy or revenge.

A domestic violence charge such as battery can have life-changing consequences, as the defendant’s reputation, livelihood and freedom are all in jeopardy. In an aggressive effort to acquit their clients, the experienced defense attorneys from The Kavinoky Law Firm will effectively communicate these defenses to the judge and jury. Become a part of their success. Click here for a free consultation and for the best representation.

Mandatory Terms of Probations with a Conviction for Violating a Protective Order

Violation of a protective order is one of the charges that can be brought under California’s domestic violence laws. Domestic violence laws apply to crimes where the suspect and accuser are intimate partners. Intimate partners may be married, divorced, living together, have children in common, or be currently or formerly dating. These laws apply to both heterosexual and homosexual couples.

Protective orders are issued by the court and may prohibit the offender from engaging in specific acts of abuse, re-entering his or her own home or even behaving in a specified way. Any intentional and knowing violation of a protective order by an individual against his or her intimate partner is a misdemeanor punishable by a maximum penalty of a one year jail sentence and a $1,000 fine.

California courts may even punish an offender for violating an order in California that was issued in another state. If the violation results in physical injury to the alleged victim, the offender will serve mandatory jail time of at least 30 days and the fine may rise to $2,000.

While that is the maximum prison sentence and fine that can accompany a first-time conviction for violating a protective order (a person with aggravating factors and/or prior convictions for the same crime faces more severe punishment), it is not a complete list of the penalties that ultimately face the offender. If a defendant is convicted of any intimate partner abuse crime in California, and is granted probation, there are certain conditions that must be imposed.

Upon a conviction for violating a court order, the defendant is placed on a minimum of three years probation, which will likely be informal, because the charge is a misdemeanor. During that time, a more restrictive criminal court protective order will be issued against the defendant to prevent further acts of violence against the protected party and, if appropriate, will contain a residence exclusion and/or stay-away conditions. It should be noted that the protected party will be notified about the outcome of the case.

In addition to the procedural conditions just described, the convicted must pay a separate fine of at least $200 to various domestic abuse funds that are distributed by the state. He or she will also be required to attend a minimum two-hour “batterer’s class” on a weekly basis for at least one year. Depending on the circumstances surrounding the charged incident, the court may also order the defendant to enroll in a drug and/or alcohol dependency program. Community service will also be required.

In lieu of an additional fine (but not in lieu of the $200 payment described above), the court may order the convicted to pay up to $5,000 to a battered women’s shelter or to reimburse the protected party for any reasonable expenses that the court believes were incurred as a direct result of the violation.

When the court evaluates the defendant’s progress, it takes into consideration his or her ability to pay and his or her willingness and diligence in following through with these mandated conditions. Finding good cause, the court may modify, extend or even revoke probation. If probation is revoked, the maximum prison sentence will likely be imposed. Having an experienced criminal defense lawyer is the key to ensuring that these probation requirements are kept to a minimum.

The understanding attorneys at The Kavinoky Law Firm treat each client with compassion and respect. They sympathize with their clients and do their best to help each client through this difficult time. An experienced defense lawyer can explain the complexities of a charge of violating a protective order during a free consultation.

Criminal Threats

Domestic violence laws in California protect against abuse between intimate partners. The phrase “intimate partners” applies to both straight and gay couples who are either married or divorced, have children together, are living together, or who have dated at any time. Making criminal threats against an intimate partner is one of the charges that may be filed in a California domestic violence case.

Given the fact that California is one of the strictest states with respect to its domestic abuse offenders, it is critical to hire an attorney who is experienced and knowledgeable to aggressively defend the charges. The consequences that a domestic violence arrest can bring are extremely serious and a skilled attorney at The Kavinoky Law Firm knows how to successfully resolve these types of cases.

“Criminal threats” is what is known as a “wobbler,” meaning that the offense can be charged as either a misdemeanor or a felony depending on the severity of the individual case. An individual who willfully threatens to commit a crime against his or her intimate partner which will result in death or serious bodily injury to that partner either by verbal, written or electronic communication, whether or not he or she has any intent to actually carry out the threat, may be charged with this crime 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 accuser that the threat could be immediately executed. In addition, the form of the threat doesn’t matter – the threat could be made in person, in a letter, over the telephone, or conveyed in an e-mail – just as long as the person actually receives the threat. On that note, the threat doesn’t even need to be real. Even if the defendant never actually intended to carry out the threat, he or she could still be prosecuted for this crime if his or her intimate partner was reasonably in fear.

Making criminal threats isn’t necessarily a domestic violence charge, as a threat can be made against anyone. However, when the threat is directed at an intimate partner, the result is that the charge will be treated as an intimate partner abuse case and prosecuted under domestic violence law. California domestic violence laws carry serious consequences, including but not limited to heavy fines, jail and/or prison time, firearm and professional licensing restrictions, and irreparable damage to one’s reputation. Given the severity of these consequences, it is vital to have a skilled attorney at the defendant’s table.

An experienced attorney will focus on the accuser’s motives and credibility and possible lesser-included offenses. Sometimes the accused faces false allegations based on factors such as jealousy or revenge and it is up to a skilled lawyer to highlight these types of defenses. Contacting a criminal defense attorney at The Kavinoky Law Firm as soon as possible allows the attorney to question witnesses and examine evidence soon after the event, providing the best opportunity for a successful defense.