Criminal threats under California Penal Code 422 are cases that I’ve handled a long time since the early 1990’s. They weren’t as serious of a crime in the early 1990’s, but since have really gained a lot of steam and now they’ve been classified as a strike in California.
They are a violent felony. The prosecutors file these cases all the time and if you get convicted of a felony criminal threats case in the Van Nuys court, you’re looking at having a strike on your record for the rest of your life that you cannot get off. So, these cases are very serious. They are taken very seriously by the prosecutors.
Criminal Threats Cases are Often Over-filed in Van Nuys Court
What I’ve seen in handling these criminal threat cases in Van Nuys is that sometimes they’re over-filed. They are typically related to domestic violence. Sometimes the alleged victim in the case is really the criminal in the case and is really the person that has done something very bad to my client and is trying to hide behind law enforcement – trying to hide behind the criminal system.
This takes a skilled criminal defense attorney to bring this out to show the prosecutors what’s really going on. A lot of times the police are too lazy and really don’t put the investigation in and take the time to talk to the defendant, take the time to talk to all the witnesses.
So, the next you know the person is arrested, has post $50,000.00 or $100,000.00 bail, is sent to the Van Nuys court system and charged with a very serious case like a criminal threats case.
You feel as though you’re behind the 8-ball, but the reality is once you get a good criminal defense attorney on the case if you’ve got mitigating circumstances, we sit there, we do the investigation, we get the evidence, and then if necessary, we’ll do the preliminary hearing in the case where they’re going to have to call the main witness or witnesses against you and that’s when we can really dig into the case and see how strong their case is.
A lot of times the prosecution’s case falls apart because the police did not do a proper investigation. It shouldn’t have been filed as a criminal threats case. There are no elements to prove the criminal threat charge pursuant to Penal Code Section 422.
Therefore, what ends up happening is either the case ends up getting dismissed or the prosecutor realize that the case is not as strong as they thought it was and should not be filed the way that it was filed, and therefore, they end up either having to dismiss the case or give the defendant lesser charges in the Van Nuys court system than a criminal threats case.
So, what I have you do is have you come in. We have you go over all the facts and details of the case. What really helps n these criminal threats cases is if we can see exactly what the police report says and what the prosecutors are claiming is going on with the case.
Then we’re in a much stronger position to be able to send our investigators out to talk to the witnesses and get the evidence that we need and really get down to the nitty-gritty of what’s going on in your case.
You cannot afford to have criminal threats case, and so what we do is try to mitigate these cases down to something less or we fight the case in front of a jury and use a Van Nuys jury to prove you not guilty of the criminal threat charge.
If the prosecutors have evidence like for example you left a phone recording threatening to kill somebody, obviously we’re going to have to mitigate the circumstances – show that you never intended to kill anybody.
You didn’t have means. You were just angry and then show the reason why you were angry so we can try to mitigate things so you don’t end up with this horrible conviction. Not only are you facing a strike and a felony conviction for the rest of your life with these criminal threat cases in Van Nuys, you’re also looking at potentially going to prison.
Retain a Van Nuys Criminal Defense Lawyer
So, you need to take your case series. We need to get you in the office and sit down and go over everything under the cloak of the attorney/client privilege. We’ll get all the facts and details and we’ll see if this really is a criminal threat case, or it’s some other case that has just been over-filed by the prosecutors and over-investigated by the police.
Once the defense gets their hands on it and puts the real evidence in there and gets your version of events across to the prosecutors, we can begin to turn the tide and change the tables on the case and put you in a much stronger position to be able to defend your criminal threats case in Van Nuys successfully.
For more information on Criminal Threats In Van Nuys, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.