Legal Question in Criminal Law in California
making terrorist threats
My fiancee was arrested for making terrorist threats against his ex. He didn't do it, but he has a prior for domestic violence with her. And she has a witness saying he threatened her. He never touched her. What could be the penalty for this so called crime?
2 Answers from Attorneys
Re: making terrorist threats
There is a statute in California on terrorist threats. I've not represented anyone charged with that crime. However, I have to believe the possible repercussions are similar to stalking in violation of a restraining order. Sentences ranging from counseling up to a possible three years in prison.
This crime would be a wobbler. And the D. A. may file the charges as either a misdemeanor or felony. The police will normally recommend that they are filed as a felony. However the D. A. normally wants to handle the bulk of their cases as a misdemeanors.
So he has a prior violence problem, and made threats in front of witness.
Assuming that he is guilty, and has lied to you to keep you on his side. Which is a safe bet at this time. He is facing an anger management class up to possibly three years in prison.
I'm sure you are certain that he wouldn't do the crime he is charged with, but the odds are that he did. And as you get more involved with him he'll be trying to control you through threats or acts of violence.
I know you want to feel sorry for him and want to help him. However, he's speaking to an ex-girl friend when it wasn't necessary to do that. My advice is to help but stand back and observe. Pay attention because he has some problems with relationships.
Lots of luck
Re: making terrorist threats
As my colleague Victor Hobbs has indicated, the penalties may range from a slap on the wrist to serious state prison time, and it all depends on the individual facts of each case. The skill of the lawyer who handles the case will also make a difference. Whether or not he is on probation for the prior domestic violence case will also matter. I suggest he have a consultation with a criminal lawyer in his area before he goes to court. If the case is in LA, don't hesitate to call me for a free consultation. My tel: 310 393 0639
Related Questions & Answers
-
Search Warrants When entering a persons home to do a search, do the officers... Asked 3/10/01, 7:54 am in United States California Criminal Law