Criminal Threats Defenses – California Penal Code Section 422

Defending Charges of Criminal Threats Under California Penal Code Section 422

Depending on the facts and circumstances of your case, a skilled criminal defense attorney may be able to argue that the alleged threat does not meet the criteria of a criminal threat set forth in California Penal Code Section 422.

Ambiguous Statement

A threat that was ambiguous or lacks sufficient credibility as being serious is not sufficient to be considered as a criminal threat.

Vague Statement

A threat that was only a vague statement without the prospect of execution of the statement made is not sufficient to be considered a criminal threat.

Not Imminent

A threat is not considered a criminal threat if there is no evidence that [the possibility of] a physical confrontation was actually or reasonably imminent.

No Requisite Fear

A threat cannot be a criminal threat if the person threatened never feared for his or her own safety, or for his or her family’s safety.

Fear Unreasonable

A threat cannot be a criminal threat if the person’s fear was unreasonable. The words used and the surrounding circumstances will be considered in making this determination. If it was not reasonable, the defendant can use this as a viable defense.

Only Momentary Fear

A threat cannot be a criminal threat if the person’s fear was only momentary.