Criminal Threats Sentencing & Punishment – California Penal Code Section 422
In California, a terrorist or criminal threat under California Penal Code Section 422 may be charged as a misdemeanor or a felony, depending upon the seriousness of the threat and its consequences. The prosecution has the discretion on whether to charge a misdemeanor or a felony. For these and other reasons, it is essential to immediately contact a qualified California criminal defense attorney who can intervene and impact the decision-making process.
Additionally, whether criminal threats are charged as a misdemeanor or felony will determine what punishment you face.
Misdemeanor Criminal Threat Charges under California Penal Code Section 422
A misdemeanor conviction of making a criminal threat will result in imprisonment for up to one year in county jail.
Felony Criminal Threat Charges under California Penal Code Section 422
A felony conviction of making a criminal threat will result in imprisonment for up to three years in state prison. A conviction of a criminal threat is considered a “strike” under California’s Three Strikes Law. See California Penal Code 667 and Penal Code 1192.7(c)(38). In addition, you may lose your right to vote or own a gun.
Gang Enhancement – California Penal Code 186.22
The punishment for a felony conviction of making a criminal threat may be increased if the crime was done for a criminal street gang. Anyone convicted of a felony committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members, shall be punished by imprisonment in state prison for an additional two, three, or four years.
Probation
The court also has the power to place the defendant on probation. If the defendant is placed on probation, the court may impose from one day to one year in the county jail as a condition of probation.
If the defendant is placed on felony probation for this offense, this means he/she likely will have a probation officer. The defendant will have to report to the probation officer on a regular basis. The defendant also may be ordered to “test” regularly so the probation officer can be certain he/she is not using illegal drugs. In addition, the defendant likely has to give up his/her “search and seizure rights” during the period probation. This means that any member of law enforcement who knows the defendant is on felony probation can search their person or property or home without the need for a search warrant.
In addition, if you are placed on felony probation this means that if your probation officer believes you have violated any of the terms of your probation, he can arrest you without a warrant. In most cases if this happens you will sit in jail without bail until the judge decides whether you in fact did violate your probation. If the judge finds you did violate your probation, you can then be sent to state prison.
Criminal threat charges are very serious in California. The consequences can be severe. It is critical that you talk to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 30 years of experience. Our attorneys have dealt with criminal threat charges before. We will walk you through the process of your case and fight to get the best possible result. Call us now at (888) 749-0034 or visit us on our website where you can chat with one of our attorneys at www.wklaw.com. We will be there when you call.
