Top Vista Defense Lawyer For Criminal Threats

The right Vista defense lawyer for criminal threats has the expertise that makes the difference for people. Just because a person was arrested for a criminal threat does not mean they are guilty. Vista defense lawyer skillfully defends his client to get the best possible results.

California defines a criminal threat in violation of Penal Code section 422 as basically making a credible oral or written threat to hurt another person. A criminal threat may be a serious strike felony or a misdemeanor. A felony is punishable by up to three years in jail. A misdemeanor is punishable by up to one year in jail.

The alleged threat often arises at a sporting event, social gathering, bar, recreational outing, or during a domestic disputes. The person does not intend to actually follow-up on the alleged threat but is acting under duress, the heat of the moment, or under the influence of alcohol.

The proper defense begins with a consultation to learn about the facts of the detention and arrest. Next it is important to know the background of the client because it often plays a significant part in resolving the case effectively. Finally all of the evidence must be thoroughly analyzed including police reports, witness statements, 911 calls, body worn cameras, smart phone recordings, photographs, test results, and records. With all of this information in hand, the right defender is ready to roll.

These are effective defenses to an accusation of criminal threats.

The victim is not credible
The accused had no real intent to harm another
The accused had no ability to follow up on the threat
The victim was not in fear
No specific criminal intent due to intoxication
Insufficiency of the evidence
No corroboration of the threat
Violation of the right to remain silent

Effective resolution of the case depends on presenting critical information to the prosecution and judge about the strengths of the defense.

A request to the prosecutor either before the first court date or afterwards to dismiss or reduce the charges based on new evidence is effective. Diversion is a strategic process in which a client agrees to follow certain instructions from the judge that upon completion results in dismissal of the case. The plea bargain is a beneficial agreement between the defense, prosecution and judge to dismiss or lower the charges, reduce the fines and penalties, and avoid time in custody.