Punishment Associated with a California Domestic Violence Criminal Threats Conviction
Domestic violence crimes in California include all crimes in which the victim of the crime was an intimate partner of the offender. Intimate partners include heterosexual and same-sex couples that are married, divorced, living together, have children together, dated and formerly dated. As a result, making criminal threats against one’s intimate partner will be prosecuted as a domestic abuse crime.
“Criminal threats” can be charged if an individual threatens to commit a crime against his or her intimate partner that, if carried out, would result in death or serious bodily injury to that partner. This crime may be charged even if the accused didn’t actually intend to follow-through with the threat, so long as the partner believed that the threat was real and reasonably feared for his or her safety as a result. Depending on the circumstances that surround the threat, the charge may be filed as a misdemeanor or felony, punishable by up to one year in the county jail or state prison.
While imprisonment is the most severe punishment involved in a criminal threats conviction, it certainly isn’t the only penalty that the defendant faces. It is also important to keep in mind that in addition to the extra sentencing requirements that follow below, aggravating factors will most likely invite an even stiffer prison sentence.
Probation is usually offered to a defendant convicted of making criminal threats. Probation generally lasts for at least three years and, depending on whether the case was prosecuted as a misdemeanor or a felony, will either be formal, which means that the defendant frequently reports directly to a probation officer, or informal, which means the defendant periodically updates the court with progress reports.
When probation is imposed, there are certain mandatory terms of probation that apply to all California intimate partner abuse crimes. There are some procedural-type requirements that are usually dealt with immediately. The first requirement is that the defendant must go through the “booking process” if he or she wasn’t booked upon arrest. Booking includes being fingerprinted, photographed and entered into a criminal database. The second condition is that a criminal protective order will be issued against the offender. The restrictions imposed on the restrained individual will vary depending on the circumstances that surrounded the charged incident.
Probation also includes some conditions that are designed to both rehabilitate and punish the offender. A defendant convicted of D.V. criminal threats, who is granted probation, will be required to attend at least 52 weekly batterer’s classes for at least one year. The court will also order the accused to pay a fine payable to various domestic violence funds.
Professional licensing restrictions may also face an individual who was convicted of making criminal threats against his or her intimate partner. Depending on the defendant’s career, if he or she holds a professional license, there is a chance that it could be suspended or revoked if the licensing board feels that making criminal threats is substantially related to his or her job. Having a qualified attorney to help defend against a possible license restriction is encouraged, as professional representation will know the appropriate arguments to make to prevent such a restriction or revocation.
Civil liability may also face a defendant who was charged with making criminal threats against his or her intimate partner. In civil court, a convicted defendant would face additional heavy fines and would be restrained by a civil protective order but would not face any additional jail or prison time.
“Criminal threats” has serious consequences. In order to ensure the most comprehensive defense, it is vital to hire one of the skilled attorneys at The Kavinoky Law Firm who has experience not only with this specific charge, but with intimate partner violence cases as well. An experienced defense lawyer can answer any questions about domestic abuse charges and professional license restrictions in California domestic violence cases during a free consultation.
