Criminal Threats Overview – California Penal Code Section 422
California Penal Code Section 422 makes it illegal for any person to willfully threaten to commit a crime which will result in death or serious bodily injury to another person. Such threats can be made verbally or in writing as long as the statements were intended to be taken as a threat. This is known as a “Criminal Threat,” which is a punishable crime even if there was no intent to actually carry out the threat. The crime may also be referred to as a Terrorist Threat.
A criminal threat occurs when the defendant’s statements are so specific and unequivocal that it actually causes the victim to reasonably fear for his or her own safety.
An immediate ability to carry out the threat is not required. For example, the defendant makes a statement to another stating, “I am going to kill you a month from now as soon as I get back from my vacation.” The defendant cannot claim that the threat made did not constitute a criminal threat because he lacked the ability to immediately act on his threat since he was away on vacation for a month.
A conviction for making a criminal threat may be punished by imprisonment for up to three years in state prison. A felony conviction may also result in a “strike” on your criminal record. See California Penal Code Section 667. In addition, you may lose your right to vote or own a gun.
It is essential to have an aggressive and experienced attorney defending your rights. At Wallin & Klarich, our attorneys have over 30 years of experience in dealing with all criminal matters. If you or someone you love is facing criminal threats charges, contact Wallin & Klarich today at 1-888-749-0034 or www.wklaw.com. We will be there when you call.
