Criminal Threats FAQS – California Penal Code Section 422

How are “criminal threats” different from “terrorist threats?”

There is no difference. The crime was previously called “terrorist threats,” but now it is referred to as “criminal threats.”

Can they charge me if I never even knew the threat was received?

If a threat is intended to and does induce a sustained fear, the person making the threat need not know whether the threat was actually received.

What can an attorney do to attempt to reduce a criminal threats charge?

An experienced criminal defense attorney would first talk to the prosecutor and try to get the charges dismissed. If the charges are unable to be dismissed, the attorney will attempt to have the charges reduced. If the charge is a felony criminal threat, the attorney can try to reduce it to a misdemeanor criminal threat. The penalties are less severe and a misdemeanor would not subject you to a strike under the California Three Strikes Law.

How will the prosecution attempt to prove that the criminal threats were gang-related?

If the prosecution is charging a gang enhancement, the prosecution will have to prove that the criminal threat was made for the benefit of a criminal street gang. The prosecution can use any evidence including photos and prior criminal records to convince the jury the crime was gang-related.

Can I be charged with criminal threats if it was done through e-mail?

You can still be charged by making criminal threats if it was done through e-mail. The statement can constitute a criminal threat if it is done by electronic communication. The prosecution will have to prove that it was you were the person who sent the email.