Criminal Threats in Domestic Violence Cases
Suppose somebody is charged with a criminal threat and a domestic violence-related offense. In that case, their situation is going to be much more serious than somebody who just has a domestic violence offense. Under California Penal Code 422, making criminal threats against another person is illegal. Another issue that comes up is that if somebody is charged with felony domestic violence, for example, they may also have criminal threats.
A lot of times, the criminal threats will be elevated to a felony because they're not likely just to charge a felony domestic violence case and then a misdemeanor criminal threat case. Felony domestic violence cases are often filed under California Penal Code 273.5, which is a corporal injury to a spouse.
Criminal Threats and Domestic Violence are Wobblers
It's interesting — both criminal threats and domestic violence are wobblers, meaning they can be filed as misdemeanors, and it's up to the prosecutors to make that decision.
A lot of times, they make the wrong decision, and they'll file criminal threats and a domestic violence case as a felony when they really shouldn't. Several different factors drive them to charge felonies or misdemeanors.
When it comes to a battery or a domestic violence-related offense, it's usually the extent of the injury. Criminal threats probably have more to do with the actual and apparent ability of the person to carry out the threat.
In other words, if someone is threatening to kill somebody and it looks like they really are serious about doing that and they're just thwarted because of law enforcement, that case is going to be charged as a felony.
On the other hand, if someone is just talking crazy and angry and saying a bunch of crazy stuff, that is a criminal threat, but it's unlikely the person will ever act on that. The person is more likely not to be charged with a felony case.
Felony Criminal Threats is a “Strike”
Another issue when it comes to criminal threats and domestic violence is that a criminal threat as a felony is a strike. So, you'll serve a higher percentage of the time if you get any jail or prison time, and you'll have a strike on your record in California under the Three Strikes Law for the rest of your life.
You can't get those strikes off, even though you might be able—if you get probation—to expunge or get it dismissed. It's still priorable, and it can still be used as a strike in any future felony cases that qualify as strikes in California.
So, if you have a criminal threat and a domestic violence charge together, it makes it more serious and more likely you're going to get jail time in the case. It also makes it more likely the prosecutors will be aloof to give you a break when it comes to these domestic violence charges, and what you do need is a break.
You don't want to get convicted of a criminal threat. So, a lot of times, taking a domestic violence-related offense — if you have to plead guilty to something — is better than taking a criminal threat-related offense.
Defenses to Criminal Threats Charges
The best case scenario is a dismissal or even a lesser charge like battery, disturbing the peace, or trying to convince the prosecutors to do a City Attorney hearing. Hence, you have a good chance not to get a case filed against you at all.
But, when you're looking at criminal threats in domestic violence-related offenses, you need to look at what happened and what the surrounding circumstances are.
Sometimes, people say stuff they don't mean, and whether it amounts to a criminal threat or not is questionable. So, that's one defense that could be utilized in these types of cases: the person didn't mean it. They weren't going to do anything.
They weren't going to act on it. The other party wasn't afraid; in fact, the other party was yelling and saying the same crazy things. They were in an argument.
Nobody got hurt, which is crucial if you don't want a domestic violence-related offense charged against you. Therefore, you shouldn't be accused of a criminal threat or what they used to call a terrorist threat, which makes more sense to be called a criminal threat.
But these cases where someone's charged with a criminal threat and a domestic violence-related offense are going to be prosecuted by either the District Attorney or City Attorney.
Many of these prosecuting agencies have special units that prosecute domestic violence-related offenses. These units work on domestic violence-related offenses and assign a special prosecutor to each case.
Whereas most criminal cases run through a court system, the prosecutors who handle them have a larger caseload and a caseload of different crimes.
Whereas the prosecutors who prosecute domestic violence and criminal threat-related offenses have only those types or those related offenses that they work on to build consistency and to give special attention to these types of cases to protect victims of crime victims of domestic violence.
So, if you have a criminal threat charge with a domestic violence-related offense and you're looking for an attorney, I've been doing this for 25 years. I've had a lot of success either getting these charges dismissed or reduced, keeping you out of jail, keeping you out of prison.
It would be best if you were thinking about and targeting these things, and there are ways to do it, but step one is to pick up the phone. Make a call. Let's sit down and talk about it. It's not that difficult to meet with an attorney. I try to make it easy for you.
It's common sense, and we try to get down to brass tacks and figure out the best moves for you to protect your rights, freedom, and reputation.
