Criminal Threats
California Penal Code 422 - Criminal Threats.
Under California Law, criminal threats, sometimes referred to as “terrorist threats” are defined under Penal Code section 422. Even though people have broad freedoms including freedom of speech under the First Amendment to the U.S. Constitution, but this does not include the right to threaten someone with violence and put them in fear for their safety. Penal Code 422 prohibits threatening to harm or kill someone when the threat puts the victim in reasonable sustained fear for their safety or that of their loved ones. These types of criminal charges are commonly associated with Domestic Violence Charges.
What is the specific language of California Penal Code Section 422?
Penal Code section 422 states; (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 16. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39.)
(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
(b) For purposes of this section, “immediate family” means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
(c) “Electronic communication device” includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
What type of criminal threats charges can be filed?
These charges are what we call a wobbler, that means it can be filed as a misdemeanor or a felony. The felony version of penal code 422 criminal threats is considered a strike offense and carries a state prison sentence of up to 3 years. These charges can be brought against you whether or not you have the ability to carry out the threat, that’s just not part of the consideration here.
What are possible defenses to criminal threats?
It is a possible defense if the threat was not specific if arguably it was vague or ambiguous for example. So if the threat was too vague then it can’t be held against you in other words. It’s also a defense if it can be argued that the person receiving the threat could not have “reasonably” feared for his or her safety. Basically, you didn’t scare anyone with anything you said or wrote to them. If the recipient of the threat Was not actually in fear, this fact can be a defense as well. Of course if there was no threat made and your accuser is making things up then that’s definitely worth exploring as well. False accusation is a defense to this type of a charge.
What to do if you are facing criminal threats charges in Los Angeles?
You are going to need an attorney that knows what they are doing to get in there on your behalf and work things out for you. As mentioned above, Criminal Threats are commonly charged under Penal Code Section 422, they can be charged as a misdemeanor or a felony. If charged as a felony it is a strike offense and carries significant prison time.
With the right attorney you can minimize the impact of such charges against you and better yet get the whole case dismissed. Don’t hesitate contact a knowledgeable attorney who can assist in your defense.
Worth mentioning.
Conditional threats are considered criminal threats, something like: “I want the money you owe me by end of next week or else I’m going to burn down your house” or “wait until I get out of jail, I’m gonna kill you soon as I’m out” these are basically threats that have a certain condition with them such as wait until I’m out of jail or wait until next week rolls around, but courts have held that even these types of threats fall within the realm of criminal threats and charges can be brought against a person for making them.
Threats you don’t intend to carry out, are still criminal threats under California Law. Whether or not you truly intend to carry out your threat or you are just trying to scare someone and there is no intention what so ever to burn anyone’s house down or kill them, such threats can still get you charged criminally, so whether you really don’t intend to carry out the threat at the time of making it, this has no bearing on your criminal case in essence.
Don’t wait! Call now and contact our attorneys for a free consultation. If you or a loved one are facing criminal threats charges in Los Angeles, chances are we can help you out.
