Is it a Crime to Threaten Someone in California?

In the heat of the moment or during a joke with friends you may say things or make threats that you do not really mean. However, when you threaten someone in a way that causes them to fear for their safety, it becomes a crime. If you are facing charges for criminal threats, enlist the help of a skilled Red Bluff criminal lawyer for representation and legal advice.

Is it a Crime to Threaten Someone in CA?

Threatening an individual is a crime under California Penal Code 422. This statute makes it illegal to threaten someone in a way that could result in bodily harm or death. These are known as criminal threats and can be punishable in various ways.

According to this statute, criminal threats occur when a person willfully threatens to commit a crime that can result in great bodily injury or death, with the intention that their statement be taken as a threat whether or not they intend to carry out the action. The threat must cause the person to fear for their or their family’s safety and be communicated verbally or through written communication like a letter, text message, email, etc.

What Are the Penalties for Criminal Threats in CA?

Making criminal threats is a wobbler offense in California, meaning that it can be charged as either a felony or misdemeanor depending on the details of the situation. If you are found guilty of misdemeanor criminal threats you can expect to face the following penalties.

• Fines of up to $1,000
• Summary probation
• Up to 1 year in county jail

Felony criminal threat charges can result in:

• Fines of up to $10,000
• Formal probation
• Up to 3 years in state prison

The actual penalties you will face vary depending on the specific circumstances of the offense. For example, if a deadly or dangerous weapon was used when making the threat you will generally face an additional year in prison. Additionally, any prior criminal history can be considered an aggravating factor and result in exacerbated penalties.

What Are Some Possible Defenses Against Criminal Threat Charges?

If you are facing misdemeanor or felony criminal threat charges, it is crucial that you obtain skilled legal representation and create an effective defensive strategy. The laws surrounding criminal threats are extremely specific, so there are several defenses that may have your charges reduced or dismissed. Consider the following.

• You were falsely accused
• You were mistakenly identified as the offender
• The threat was not immediate
• The threat was vague
• The threat did not cause the plaintiff to be in a state of real fear
• The plaintiff’s fear was not reasonable
• The threat was not made verbally or via written media

With the help of a skilled attorney, you can implement one or more of the above defenses to create a reasonable doubt that you are guilty of the charges you are facing. Reach out to an experienced lawyer at Cohen Criminal Law to set up a consultation today.