Riverside Threatening Witnesses Defense Lawyers

Threatening a witness, crime victim or another person is a "strike" under California's three-strikes law. In fact, the law includes two different threat crimes as strikes. One is threats to victims or witnesses in legal proceedings, including threats intended to stop them from reporting a crime to law enforcement. These threats can be threats to harm the victims or witnesses themselves, their property or a third person. The law specifies that this is especially intended to apply to cases in which the threats are intended to protect a criminal street gang or its members.

The other threat crime that qualifies as a "strike" under California's three-strikes law is a threat of criminal violence against anyone, not just victims and witnesses. That statute makes it illegal to intentionally threaten death or grave bodily injury to any other person (or an institution, like a business). Under that law, it does not matter if the accused actually intended to carry out the threat, as long as the victim reasonably feared for his or her own safety, or for the safety of his or her family and cohabitants. These threats can be made in person, in writing or electronically.

As you might guess, it is all too easy for threat charges to grow from bad jokes or casual comments gone terribly wrong. Many threat cases do not have witnesses, which means they pit one person's word against another's in court. Fortunately, California law recognizes this and sets high hurdles for the prosecution to prove a threat charge. In order to convict someone of criminal threats in California, they must prove all of these are true:

• You intentionally threatened to commit a crime that would cause death or great bodily harm to another person
• It was specifically intended as a threat
• The threat was clear and specific enough to make the victim afraid for more than a moment
• The victim's fear was reasonable -- that is, a reasonable person would believe you could carry out the threat

Both types of threat are "wobblers," which means prosecutors can often choose whether to charge them as felonies or misdemeanors, although gang-related threats are generally felonies. Only a felony conviction is a strike under the three-strikes law, so this distinction is crucial. At Wallin & Klarich, we do everything we can to have our clients' threat cases filed as misdemeanors from the beginning, or to negotiate them down to misdemeanors if they are already filed. We will also work to prove that one or more of the required conditions for a threat conviction simply aren't true -- that you intended no threat, for example.

At Wallin & Klarich, we approach each case as if we were defending a member of one of our own families. We're proud to say that with over than 30 years of experience as criminal defense lawyers, we've helped thousands of clients successfully defend themselves from serious criminal charges like criminal threats in Orange County and beyond. Because we've practiced law for so long, we understand that facing criminal charges is stressful for our clients and their families. That's why we make sure to be available to our clients at all times -- 24 hours a day, 7 days a week and every single day of the year. We also have unparalleled reach, with more than 20 offices from San Diego to Ventura to the Inland Empire, so we can be wherever you need us.

Wallin & Klarich offers free consultations to potential clients. To speak with an experienced attorney about your case, call us today at 1-888-287-3485 or fill out our confidential online consultation form.

At Wallin & Klarich, we approach every case with the belief that the person we're defending could easily be one of our own family members. We've seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times -- 24 hours a day, 7 days a week, 365 days a year. If you or someone you love is facing criminal charges in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-287-3485 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.