Eyewitness Accounts in a California Criminal Threats Domestic Violence Trial

California’s domestic violence laws encompass all crimes that involve intimate partners. Intimate partners are defined as persons who are heterosexual or homosexual and are dating, were formerly dating, living together, married, divorced or who have children together. When an individual is accused of making criminal threats against his or her intimate partner, the charge will be treated as a domestic abuse crime.

“Criminal threats” is 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 be in fear as a result. Even if the accused didn’t intend to actually commit the threatened crime, he or she can be convicted for making criminal threats if the threat was perceived as real.

Domestic violence 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.

Although an eyewitness is simply supposed to tell the truth as to what he or she saw, 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 an eyewitness will see only part of the charged incident without realizing that there were several events that led to what they saw. It is up to the defense attorney 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 as such, 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 attorneys at The Kavinoky Law Firm excel in cross-examination and will take a witness who thinks they are testifying against the defendant and 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 skilled 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 familiar with California domestic violence law but who knows how to prepare a defense witness for trial and who excels in cross-examination. The unparalleled attorneys at The Kavinoky Law Firm have successfully defended countless intimate partner domestic violence cases because they know all the complexities of this type of crime and have what it takes to win. An experienced defense lawyer can answer any questions about a California domestic abuse case during a free consultation.