Legal Question in Criminal Law in California

Re: Punishment for filing a false police report

If it was you and not your husband who sent the message, then it is you and not your husband who will be punished. However, if the D.A. suspects that you are a victim of domestic violence, he may not believe you (many abused wives try to take the blame for their husbands' crimes, especially if the husband faces a harsher punishment than the wife would receive for the same offense) and may go after your husband instead.

If that happens your husband may not only be imprisoned for the remaining term on his original felony, but may also be prosecuted for making a terrorist threat. The precise language of the threatening message will weigh hevily in the prosecutor's decision about this.

If your husband is convicted on this charge he will receive an additional felony sentence, which will be doubled if he has a prior strike or increased to 25 years to life if he has two strikes.

You need a lawyer *immediately*, and so does your husband. Under these circumstances you almost certainly cannot both be represented by the same attorney. If neither of you can afford counsel, the court will appoint lawyers from different offices for each of you.

If the D.A. believes you and decides to prosecute, you should not expect your depression, rage and/or drunkenness to be very helpful to your defense, though they might be depending upon the circumstances.

Good luck.