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Did the police arrest you for making criminal threats in California? When emotions run high, it’s easy to say something out of anger that you don’t mean. However, threatening someone with a crime that would severely harm or kill them or a loved one violates California Penal Code Section 422 PC. A conviction under that statute can have significant consequences, even if you have no prior criminal record. That’s why consulting with a trusted criminal defense attorney in Los Angeles is crucial.
The Law Offices of Justin E. Sterling is a respected criminal defense law firm serving clients in Southern California. With over 20 years of experience practicing criminal defense law, Attorney Justin Sterling is known for his powerful representation of defendants charged with misdemeanor and felony crimes. With an in-house team of investigators committed to building a strong defense for every client, our team works vigorously to pursue the best possible outcome at every stage of the legal process.
Ready to get help? Call or contact us today to schedule a free consultation.
What is Penal Code 422 PC?
Anyone who knowingly threatens to cause great bodily injury or death to another person can be charged with making criminal threats in California. Under Penal Code 422 PC, it doesn’t matter if the threat was made verbally, in writing, using an electronic communication device, or even if the person never intended to carry out the threat. The threat must also have put the victim in reasonable fear for their or their immediate family’s safety.
Making criminal threats, previously called terrorist threats, is a wobbler offense in California, meaning prosecutors can charge it as a misdemeanor or felony.
What Qualifies as a Criminal Threat in California?
Examples of behavior that may qualify as a criminal threat under the California criminal threats law include:
- Threatening to shoot or stab a person while holding a deadly or dangerous weapon
- Telling someone during a verbal altercation that they should “watch their backs”
- Threatening to beat up a person to end a dispute
- Threatening violent retaliation against a person’s family members during a verbal altercation or dispute
Do I Need a Criminal Threat Lawyer in California?
You should take any criminal charge seriously in California. Consulting a skilled criminal threats lawyer is the best way to protect your interests. Both misdemeanor and felony convictions of making criminal threats carry penalties that can impact your finances and freedom. Several defenses could help you build a strong argument against a conviction. However, knowing how to address the allegations against you and gather supporting evidence is not a straightforward task. A criminal defense lawyer can investigate your charges, identify possible defenses based on the facts of the case, and explain the potential outcomes of your case.
What Are the Key Elements the Prosecution Must Prove?
To secure a conviction for criminal threats under Penal Code 422, state prosecutors must prove each statutory element of the offense beyond a reasonable doubt. The elements of an offense of criminal threats include:
- Threatening to commit a crime that would result in death or severe injury
- Making a verbal, written, or electronic statement that the victim would reasonably interpret as a threat to their life or physical safety (or the safety of family members or a person who has lived in the victim’s household within the past six months)
- Conveying the threat in a way that conveys the offender will imminently carry out their threat
Penalties and Sentences for Criminal Threats in California
As a misdemeanor, penalties for a 422 criminal threats conviction include up to one year in county jail and a potential fine of up to $1,000. For felony criminal threats, penalties increase to a fine of up to $10,000 and up to three years in prison, with an additional year added for cases where a defendant used a deadly weapon to communicate their threat.
Furthermore, because each threat constitutes a separate criminal offense, defendants may face consecutive sentences if convicted for every threat they allegedly make.
A felony conviction for criminal threats also constitutes a strike under California’s Three Strikes Law, which can significantly increase a defendant’s sentence if they have prior strikes on their criminal record.
Courts may add extra penalties for a criminal threats conviction, like ordering anger management, mental health treatment, or imposing a restraining order that bans the defendant from contacting or going near the victim.
Potential Defenses Against Penal Code 422 Charges
Defendants charged with making criminal threats may have various defenses to Penal Code 422 charges, such as:
- No immediacy – A statement may not violate the criminal threats law if it doesn’t suggest the defendant plans to carry out the threat soon.
- Vagueness or ambiguity – A defendant may argue that the statement was too vague or ambiguous to communicate an actual threat.
- The victim did not fear for their safety – A defendant can show the victim wasn’t afraid for themselves or their family by pointing out that the victim didn’t take steps to protect anyone, like calling the police.
- Victim developed an unreasonable fear – The defendant could argue the alleged victim’s response to the threat was unreasonable. In other words, they may have overreacted based on the content of the alleged threat.
- No sustained fear– To rise to the level of a criminal threat, the statement must cause the victim to have more than a momentary, fleeting fear of the defendant.
Criminal Threats vs. Free Speech
A common defense to criminal threat charges is arguing that the First Amendment protects the statement as free speech. The government can’t punish someone for speech protected by the Constitution. But when does speech become a criminal threat?
Speech is usually protected if it’s about public issues, said in a public place, not aimed at anyone specific, or just an emotional outburst without the intent to scare someone. On the other hand, speech can become a criminal threat if it includes specific threats to commit a crime.
Contact a Criminal Defense Attorney Today
If you’ve been arrested on PC 422 charges, you need experienced legal counsel to defend your rights and reputation. Contact the Law Offices of Justin E. Sterling today for a free, confidential consultation with a criminal threats lawyer in California.
