Criminal Threats in San Diego - Criminal Lawyer David P. Shapiro скачать в хорошем качестве

Criminal Threats in San Diego - Criminal Lawyer David P. Shapiro

Criminal Attorney David P. Shapiro discusses the seriousness of being charged with Criminal Threats in San Diego. Depending on certain situations, a Criminal Threat charge could be prosecuted as a serious strike felony. If you or someone you love has been accused of making Criminal Threats in San Diego, you'll need the help of an experienced, reputable, local law firm like the Law Office of David P. Shapiro. Law Office of David P. Shapiro 3500 5th Avenue Suite 304 San Diego, CA 92103 619-295-3555 https://www.davidpshapirolaw.com/viol... Hi, my name is David P. Shapiro. I'm a San Diego Criminal Attorney, and I'm also the owner and managing partner at the Law Office of David P. Shapiro located in San Diego, California. Today, I want to talk to you about Criminal Threats. In the world we live in today unfortunately, there's been a lot of mass shootings, there's been a lot of random attacks, there's been a lot of innocent lives lost based on threats that people have made that maybe weren't followed up on by law enforcement. As a result of that and to no one's surprise, law enforcement, district attorneys, courts, judges, and juries at trials take these cases extremely seriously. And there tends to be a need to sort of do more than they would in other types of cases out of fear that, God forbid, something were to happen, and that the signs were there that someone was going to act upon a threat. So, Criminal Threats can be prosecuted in California as either a felony or a misdemeanor, but there's a bigger difference between the two than just the level of felony versus misdemeanor because, if prosecuted as a felony it could be a serious and would be a serious strike felony. So, the prosecutor has that discretion whether or not they charge a case as a serious strike felony or as a simple misdemeanor. Many times Criminal Threats are not necessarily the situation where someone leaves a voice mail or sends a text message or has an email message or Facebook message or something like that, sometimes they are, but most of the times they're not. Most of the time it's truly a “he said/she said” type of situation where someone comes in, files a report, and says, “This individual threatened me. They said they were going to come back and kill me and my family if I didn't take them back and go back out with them on a date”, or just randomly that they were, “going to hurt me”. And the mistakes that so many of our clients and potential clients get themselves into before they come to our firm, is that basically, they go and speak to the police and they say, “Yeah, I told her that”, or, “I didn't say that”, or, “I didn't say it exactly like that. This is how I really said it”, thinking that they're doing themselves and their case … They're lending a helping hand to their defense but without knowing really what is, or what's not a Criminal Threat as defined in Law by California. In many ways what you're admitting to, which at first glance may seem significantly less serious, winds up matching the elements of a Criminal Threat perfectly. So, keep your mouth closed, don't admit anything, don't necessarily make any false statements. You can't do that. But just exert your rights. Have a right to remain silent, not confirm or collaborate anything the person is saying against you. And if there are threats or alleges to be made during social media or on your phone, you're under no obligation to confirm for law enforcement or for the District Attorney's office whether or not it was you who actually said that. Yeah, it could have come from your Facebook account, yeah, it could have come from your email, but they would need to prove that it was actually you that made the threat, or someone made that threat at your direction. So, there's a lot of good defenses to Criminal Threats. There's always the option of if what was said even is true, does that rise to the level of the offense, and does it meet the elements’ test of what's required, what the prosecutor would need to prove under California Penal Code Section 422 for Criminal Threats? There's a lot of stuff you could do. The first step would be reaching out, investing in a high-quality, locally experienced criminal defense law firm. We could hopefully mitigate whatever damage that's already been done; protect your rights, protect your future, keep that strike off your record, keep you out of jail, and get you back to your life as normal as possible. Certainly, as well as anyone can, we believe that we're capable of that. So, please give us a call at 619-295-3555.