What are Criminal Threats in California? Criminal Threats is the crime of threatening to commit a violent act against another person with the intent to terrorize them. It can also include threatening to kill someone or damage their property.
This crime can be charged as a misdemeanor or a felony and carries harsh penalties if convicted. In this blog post, we will discuss what “Criminal Threats” is, the punishment for it, and some defenses that may be available to you.
What is a PC 422 Criminal Threats?
The crime of Criminal Threats is a violation of Penal Code 422. In order to be convicted of Criminal Threats in California, the prosecutor must prove that you made a threat to commit a crime that would result in death or great bodily injury and that you made the threat with the intent to terrorize the victim.
The threat can be made verbally, electronically, or in writing. It does not matter if you actually had the ability to carry out the threat or if you intended to carry out the threat. The crime is complete as soon as the victim receives the threat and is reasonably terrified by it.
Examples of Criminal Threats
There are many different ways that the crime of Criminal Threats can be committed. Some examples include:
-Making a phone call to the victim and threatening to kill them
-Sending a text message to the victim saying you are going to hurt them
-Posting on social media that you are going to commit a mass shooting at the victim’s school
-Threatening to bomb the victim’s workplace
Punishment for Criminal Threats in California
Criminal Threats is a wobbler offense in California, which means it can be charged as either a misdemeanor or a felony. The punishment for Criminal Threats in California will depend on whether the crime is charged as a misdemeanor or a felony.
If charged as a misdemeanor, you can be sentenced to up to one year in county jail. If charged as a felony, you can be sentenced to two, three, or four years in state prison. If the victim was a peace officer or a family member, the crime would always be charged as a felony.
If you are convicted of Criminal Threats in California, you face up to three years in prison. The punishment for this crime can be enhanced if the victim was a peace officer or other protected person, such as a school employee. If you made the threat using a deadly weapon, that could also lead to an enhancement.
In addition to prison time, you may also be required to pay a fine and will have a criminal record.
Defenses to the Crime of Criminal Threats
Some defenses may be available to you if you are charged with Criminal Threats. One is that you did not actually intend to terrorize the victim. Another is that the threat was not specific enough to constitute a criminal threat.
Finally, if you can show that you made the threat in jest or as a joke, that may be a defense.
What Should I Do if I’m Charged with Criminal Threats?
If you or a loved one is facing Criminal Threats criminal charges in court, you need the criminal defense lawyers at ALL Trial Lawyers by your side. The attorneys at ALL Trial Lawyers are trial attorneys with years of experience.
They know the law and are not afraid to take your case to trial.
In addition, they have a strong reputation among judges and prosecutors throughout Southern California, which has delivered tremendous victories for their clients.
Our ultimate goal is to provide the best results that can be achieved in your case— whether by way of outright dismissal, a favorable plea bargain deal, or an acquittal of the charges at trial.
With ALL Trial Lawyers by your side, you can rest assured that the criminal team will be giving you their all.
Call (866) 811-4255 right now for your free consultation.
We have an office located near you. We have experience fighting cases in Orange County, Los Angeles County, San Bernardino County, Riverside County, and San Diego County.
If you are facing Criminal Threats charges, do not try to handle the case on your own. Instead, contact an experienced criminal defense attorney today for help.
You must speak with an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.
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