Get the Best Defense Plan for Your Criminal Threat Case
Are you in need of a criminal threat defense attorney in Ventura CA? We’re talking about your freedom here. Threatening to hurt or kill someone is a crime, even if you do not follow through. While many people make threats, few realize that some threats can be crimes. California Penal Code 422 states that it is a crime to threaten to cause great bodily harm or death to another person. You need the best criminal defense attorney. Trust our legal team at Strongest Defense for an effective defense. Contact our law office for an appointment.
We are delighted to have the opportunity to assist you in achieving the best possible outcome in your criminal proceeding. We take pride in our 28 years of experience in civil prosecutions.
Why Do I Need a Ventura Criminal Threat Defense Attorney?
Anything you say ever since being taken into custody can and will be used against you in the trial. Although the law enforcers might not be on your side, our Ventura criminal defense lawyer at Strongest Defense takes your constitutional rights and expectations very seriously.
What Makes a Good Criminal Defense Attorney?
Criminal threats are complicated legal matters. When seeking legal assistance, you must first take these into consideration:
- Specializes in criminal-threat defense
Generally, all attorneys understand how to navigate the legal system on behalf of their clients. They attended law school for four or more years and passed the bar exams, allowing them to legally practice their profession. Lawyers, like other professions, have varying specializations.
You should consult with a criminal threat defense attorney in Ventura CA if you want someone to help you with your criminal case. An experienced criminal threat defense attorney is knowledgeable about the charges leveled against you and can devise appropriate defenses to help you avoid jail time. You may have a lower chance of winning your case if you hire an inexperienced lawyer.
Schedule a consultation with our Ventura criminal threat defense attorney as soon as possible. Aside from criminal threats, our other practice areas include partner violence, aggravated assault, DUI, drug crimes, and sexual assault.
- Relevant Case Experience in Your Area
Your criminal defense attorney should be well-versed in the criminal law that pertains to your case. It is even better if they are familiar with how the law is implemented in your particular jurisdiction. The fact is that judges and prosecuting attorneys have varying interpretations of the law. A lawyer who is acquainted with your jurisdiction and has some degree of comfort or acquaintance with the prosecutors and judges will be better able to defend you.
What is a Criminal Threat?
Criminal threats can be a misdemeanor or a felony, depending on the details of the case. Generally, if criminal threats are found to be serious, they are considered violent crimes and charged as felonies. If you were charged with making criminal threats call us as soon as possible. We are here to help.
According to the California Penal Code 422, “Anyone who willfully makes a threat to commit a crime that can result in great bodily injury or death to someone, with the intent that their statement is to be taken as a threat, even if there is no intent to actually carrying it out, which was specific to the person threatened, an immediate prospect of execution of the threat, causing a victim to be in fear of their safety or immediate family.”
In California, How Will You Be Convicted Of Criminal Threats?
To convict you on charges of making criminal threats, the prosecution must prove several elements beyond a reasonable doubt. They must prove the following elements:
- You willfully made a threat with the intention of serious harm or death. You must have intended to hurt someone and conveyed the threat to someone.
- You made the threat verbally, in writing, or through electronic communication. The prosecutor may gather evidence to try to prove that you made the threat.
- The statement was meant to be understood as a threat. The other person must have taken the threat seriously.
- You had the ability to carry out the threat. You must have had the means to complete the actions that you stated in the threat.
- A reasonable person would be fearful of his or her safety or the safety of others because of the threat. The other party was in fear as a result of the threat.
Whether the threat was made in writing, verbally, or online, if the other party heard it or understood it to be a threat, you could be charged with a crime. The prosecution must prove all of the elements of the crime beyond a reasonable doubt in order to convict you of the crime. The prosecutor will determine whether to charge the offense as a misdemeanor or a felony.
Ventura Domestic Violence Cases
Police and the courts in Ventura County respond quickly to any allegations of domestic violence. All accusations of abuse are taken seriously by prosecutors, who will vigorously pursue any case involving domestic violence.
The severity of the legal repercussions, should you be found guilty, will always depend on a number of crucial factors. These include whether the victim was hurt, whether you have a criminal history, and whether there were any kids around when the incident happened. The most frequent charges relating to domestic violence include:
- California Penal Code Section 243(e) – Domestic Battery California
Domestic battery, often known as “spousal battery” and “spousal assault,” is the most prevalent misdemeanor charge involving allegations of domestic abuse.
- Penal Code Section 273.5 – Corporal Injury to Spouse California
It is commonly characterized as purposefully inflicting a physical injury on an intimate partner that results in a traumatic condition. The injuries are usually apparent, but they may also include internal damage.
- Penal Code Section 273.6 – Violation of Restraining or Protective Order
California Penal Code 273.6 defines the felony of breaching a restraining or protection order. When someone willfully and knowingly breaches a court order, they are charged with this domestic violence-related offense. These orders are either a criminal court protective orders or a civil restraining orders known as a temporary restraining orders (TRO).
- California Penal Code Section 273(a) – Child Endangerment California
In simple terms, child endangerment occurs when an individual endangers the well-being or safety of a kid.
- Penal Code Section 422 – Criminal Threats
Criminal threats are threats of death or great bodily harm that are meant to (and actually do) put victims in reasonable and continuous fear for their safety or the safety of their families.
White Collar Crimes In Ventura
White-collar crimes can refer to a variety of offenses that allegedly involve deception and financial manipulation in some way. White-collar crimes frequently involve a combination of illegal activities carried out in unison, frequently in violation of both state and federal laws, and done with the intention of making money. Federal prosecutors frequently get involved if the crime’s monetary value is high enough.
Some of the most common include the following:
- California Penal Code Section 503 – Embezzlement California
In California, embezzlement occurs when a person commits fraud in order to obtain property that has been entrusted to him or her.
- Penal Code Section 548-551 – Auto Insurance Fraud California
When a person creates a knowingly false insurance claim or otherwise deceives an insurance company in order to acquire benefits to which he or she is not legally entitled, this is referred to as automobile insurance fraud.
- Penal Code 550(a) – Health Care Fraud California
In California, healthcare fraud is commonly referred to as insurance fraud, medical billing fraud, Medicare fraud, or Medi-Cal fraud.
- Penal Code 532f – Mortgage Fraud
Mortgage fraud is defined as the intentional act of falsifying or withholding facts utilized by a mortgage underwriter or lender to fund, buy, or insure a mortgage loan. It is a crime that can be committed by both borrowers and mortgage lenders.
Drug Crimes In Ventura
In Ventura County and throughout the state of California, drug crimes of any kind are regarded as extremely serious, with even minor offenses carrying severe penalties. Depending on the circumstances, drug offenses may be charged as misdemeanors or felonies. In more serious cases, the federal government may even intervene. The type of drug found, the quantity of the drug, and the type of illegal activity a suspect is accused of being among the most important factors in a case.
The following are some of the most common serious drug offenses:
- California Health and Safety Code 11351
California’s Health and Safety Code 11351 HS makes it a crime to possess a controlled substance with the intent to sell it. If the prosecutor can prove you possessed narcotics with the purpose of selling them, you will face serious consequences.
- Drug Sales California Health and Safety Code 11358
Health and Safety Code section 11358 HS defines the offense of illicit marijuana cultivation. Although persons over the age of 21 are now able to cultivate up to six cannabis plants, it is criminal to exceed these restrictions.
- Sale or Transport of Marijuana California Health and Safety Code 11368 – Forging or Altering a Prescription for Narcotics
Under this law, you can be punished for forging a prescription, using a false prescription, or providing a forged prescription to someone in order to obtain drugs.
What Are The Penalties Of Criminal Conviction?
The penalties for making criminal threats vary greatly depending on whether the crime is charged as a misdemeanor or a felony. Misdemeanor charges carry lower penalties than felony charges; however, you could still face time behind bars.
- A misdemeanor criminal threat conviction results in a sentence of a year in jail and fines of up to $1,000. A felony criminal threat conviction sentence is up to three years in prison with fines of up to $10,000.
- California has a three-strike law. A felony criminal threat conviction is one strike. A second strike doubles the sentence if convicted.
- A third strike increases the penalty to 25 years to life in prison and a fine of up to $10,000. Contact us as soon as possible to help you defend against these serious charges.
If you or a loved one is facing criminal threat charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future.
What Are the Potential Countermeasures to Criminal Threats?
Plaintiffs may be able to contend that they did not intend to convey a genuine threat and instead had been making a joke or letting loose. In some cases, a plaintiff may argue that the statements are being indemnified as individual liberty, such as ideological equivocation or artistic expression. Your attorney may be able to assert that the basic civil legislation is unconstitutional because it is too broad or ambiguous.
Call our Criminal-threat Defense Attorney Now!
If you have been charged with criminal threats, call (805) 628-4052 now. We can provide you with a free case review.
Strongest Defense provides legal representation to individuals facing felony charges of criminal threats in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.
