Los Angeles Criminal Threats in Domestic Violence

Domestic violence is a serious issue, encompassing not only physical abuse but also emotional and psychological harm. One form of abuse that often occurs within domestic relationships is the making of criminal threats. While many people associate domestic violence solely with physical altercations, the fear and intimidation instilled by credible threats can be just as damaging.

In California, making criminal threats in a domestic violence context is a serious offense. This page provides a detailed explanation of criminal threats under California law, specifically within the context of domestic violence, and outlines potential defenses available to those accused.

California Penal Code Section 422 PC defines criminal threats as a specific type of threat that can lead to criminal charges, even if no physical violence occurs. It's crucial to understand that not all harsh words or angry outbursts constitute a criminal threat. The law requires specific elements to be present for a statement to rise to the level of a criminal threat.

To convict someone of making criminal threats, the prosecution must prove beyond a reasonable doubt each of the following elements:

• The defendant threatened to kill or cause great bodily injury to another person: The threat must be more than just a vague statement of anger. It must be a specific threat to kill or inflict significant physical harm. "Great bodily injury" means a substantial physical injury, not minor or moderate harm. The threat must be such that a reasonable person would understand it to be a threat of serious violence.
• The threat was communicated verbally, in writing, or electronically: The threat can be made in person, over the phone, through text messages, emails, social media, or any other means of communication. The method of communication is not the determining factor; the content of the threat is what matters.
• The defendant intended for the statement to be taken as a threat: This is a critical element. The prosecution must prove that the defendant intended for the victim to actually fear for their safety. A statement made in jest, as hyperbole, or without a genuine intent to cause fear does not meet this requirement. However, the defendant’s subjective intent can be difficult to prove and is often inferred from the surrounding circumstances.
• The threat was clear, immediate, unconditional, and specific: The threat cannot be ambiguous, vague, or conditional. It must be a direct and specific threat of imminent harm. For example, "I'm going to hurt you" is too vague. "I'm going to break your arm" is more specific. A conditional threat, such as "I'll kill you if you do this," may or may not qualify, depending on the context. The immediacy of the threat is also important. A threat to do something in the distant future may not be considered immediately.
• The threatened person experienced reasonable and sustained fear for their safety or the safety of their immediate family: The victim must have been afraid as a result of the threat, and that fear must have been reasonable under the circumstances. The reasonableness of fear is judged from the perspective of a reasonable person in the victim’s situation, not the defendant’s. Factors such as the history of the relationship, the defendant’s demeanor, and the specific words used can all be considered. The fear must also be sustained, meaning it wasn't fleeting or momentary.

Criminal threats under PC 422 are considered a "wobbler" offense in California. This means the prosecutor has the discretion to charge the offense as either a misdemeanor or a felony, depending on the specific facts of the case and the defendant's prior criminal record.

• Misdemeanor Criminal Threats: A misdemeanor conviction for criminal threats carries a potential sentence of up to one year in county jail, fines, probation, and a restraining order.
• Felony Criminal Threats: A felony conviction for criminal threats is much more serious, with a potential sentence of up to three years in state prison. A felony conviction also counts as a "strike" under California's Three Strikes Law, which can significantly increase penalties for future convictions. If a deadly weapon is involved in the commission of the threat, an additional year can be added to the prison sentence.

Criminal threats frequently occur in domestic violence situations. These threats are often part of a pattern of abuse and control, used to intimidate and frighten the victim. In domestic violence cases, criminal threats are often charged alongside other offenses, such as domestic battery (PC 243(e)(1)), corporal injury to a spouse or cohabitant (PC 273.6), or stalking (PC 646.9).

Beyond the potential jail or prison time, a conviction for criminal threats in a domestic violence context can have severe and long-lasting consequences, including:

• Restraining Orders: Courts often issue restraining orders in domestic violence cases, prohibiting the defendant from contacting the victim. Violating a restraining order is a separate criminal offense with serious penalties.
• Loss of Gun Rights: A conviction for a felony criminal threat can result in the loss of the right to own or possess firearms.
• Impact on Custody and Visitation: A criminal threats conviction can significantly impact child custody and visitation arrangements. Courts prioritize the safety of children and may restrict or deny parental rights if a parent is deemed a threat.
• Immigration Consequences: A criminal threats conviction can have serious immigration consequences for non-citizens, potentially leading to deportation.
• Reputational Damage: Allegations and convictions for domestic violence-related offenses can cause significant damage to a person's reputation and social standing.

A skilled criminal defense attorney can explore various defenses to challenge criminal threat allegations, particularly in the context of domestic disputes. Some common defenses include:

• Lack of Intent: Arguing that the statement was not intended as a genuine threat and was merely an expression of anger or frustration.
• Ambiguous or Vague Statements: Contending that the alleged threat was not sufficiently clear, immediate, unconditional, or specific to constitute a criminal threat under the law.
• Lack of Reasonable Fear: Demonstrating that the alleged victim did not experience reasonable and sustained fear for their safety.
• False Accusations: Presenting evidence that the allegations are false, motivated by revenge, jealousy, or other ulterior motives, often seen in contentious domestic situations.
• First Amendment Protections: While the First Amendment protects freedom of speech, it does not provide absolute protection for all types of speech. However, certain statements, such as hyperbole or rhetorical threats, may be protected. A skilled attorney can analyze the specific language used and argue that it falls within protected speech.
• Self-Defense or Defense of Others: In some cases, a threat may be made in self-defense or defense of others. If the defendant reasonably believed they or another person were in imminent danger of harm, the threat may be justified.

If you are accused of making criminal threats, particularly in a domestic violence case, it is essential to seek legal representation immediately. The consequences of a conviction can be devastating. At Kraut Criminal & DUI Lawyers we will thoroughly investigate the facts of your case, identify potential defenses, and protect your rights throughout the legal process. They can negotiate with the prosecution to potentially reduce or dismiss charges, or if necessary, vigorously defend you at trial.

If you are facing criminal threat allegations in Los Angeles, contact a qualified and experienced criminal defense attorney as soon as possible. A skilled attorney can provide you with the legal guidance and representation you need to navigate this complex legal situation and protect your future. Do not speak to law enforcement or anyone else about the allegations without first consulting with an attorney. Your future depends on it.