Anaheim Criminal Threats Attorney

Criminal Threats in Domestic Violence Cases

Domestic violence comes in many forms, some of which do not involve physical contact. One way in which a person could abuse a family or household member is through threats of violence. When someone threatens to harm or kill an individual and causes that person to fear for their safety or their life, they could face charges of domestic violence even if they do not go through with their threats. Laws regarding the offense of criminal threats are found in California Penal Code § 422. Upon conviction of this crime, an individual will face up to one year in jail or prison.

Domestic Violence and Criminal Threats

If you have been accused of criminal threats by a spouse, child, family member or cohabitant, the case will be handled as a form of domestic violence. Many of these cases may be false accusations made by family members who are angry or resentful against you, or they could be an exaggerated description of something you said that was not truly threatening. In order to fight accusations or charges of criminal threats, you need to hire an attorney who can prove that your words were not truly threatening or that you never made such a statement at all. Call our firm today for a free case evaluation to learn how we may help.

Your Defense Against the Criminal Charges

Anaheim criminal defense lawyer Barney Gibbs has handled over 2,500 cases—he knows the ins and outs of criminal defense. With more than 1,100 case dismissals, he has the ability to help his clients obtain positive resolutions. As with most criminal offenses, a conviction of criminal threat may only be successful if the prosecution is able to prove that the actions of the accused align with the offense as it appears in the California Penal Code. The basic understanding of a criminal threat is the act of threatening to kill or physically harm another person.

In addition, the act of criminal threat must include the following:

  • The threat that was made was explicit and specific
  • The threat was communicated verbally, in writing, or via electronic device
  • As a result, the victim is placed in a state of sustained fear for his/her safety

At The Law Office of Barney B. Gibbs, we know how to find weaknesses in the prosecution's case. Unsubstantiated charges may be fought by demonstrating how an individual's actions did not meet the requisites of a criminal threat. This is especially important for false accusations made by cohabitants. When individuals fraudulently abuse the law for their personal advantage, you want an Anaheim domestic violence attorney that is capable of protecting your rights in court. Criminal threats related to cases of domestic violence are taken very seriously by California courts, so you should consult a legal team that takes criminal defense even more seriously.

Get Help from a Domestic Violence Lawyer in Orange County

The Law Office of Barney B. Gibbs could provide seasoned defense on your behalf. Our team has practiced criminal defense for more than 30 years and, having handled thousands of cases in the courts, we're familiar with the judges, DAs and prosecutors there. Attorney Barney Gibbs works personally with each of our clients and provides them with excellent communication. Unlike other firms, our clients cases are not handed off to paralegals. Find out what we could do to fight your charges by calling our office today!