I am Accused of Criminal Threats – What Should I Do? – California Penal Code Section 422
You were angry and you directed a threatening statement at someone. You may have never meant for the threat to be taken seriously, but now you find yourself accused of criminal threats under California Penal Code Section 422.
Criminal threats is a serious crime in California. If you are convicted under PC 422, you could face up to three years in prison and fines of up to $10,000, depending upon the circumstances of the case. That is why you need to act now.
So, what should you do if you’re accused of making a criminal threat?
Understanding the Crime of Making Criminal Threats (PC 422)
The crime of making criminal threats is committed when you willfully communicate a threat to another person – either verbally, in writing, or electronically – that would result in that person suffering great bodily injury or death.
In order to convict you of criminal threats under PC 422, the prosecution must prove all of the following elements of the crime:
- You willfully threatened another person with the intent of seriously injuring or killing that person
- The threat was made verbally, in writing or through electronic communication
- You meant for your statement to be understood as a threat, regardless of if you were able to or intended to carry the threat out
- You had the present ability to carry out the threat, and
- The person you threatened reasonably feared for his or her own safety or the safety of his or her immediate family
What You Should Do If You are Accused of Criminal Threats
The first thing you should do if you are accused of making criminal threats is speak to an experienced criminal defense attorney. What can a criminal threats lawyer do for you?
Authorities will likely investigate the case against you after an accusation is made, and law enforcement will ask to speak to you during the investigation process. You should never speak to law enforcement. If you hire a criminal threats attorney, you can tell authorities to direct all questions to your lawyer. This will prevent you from making potentially incriminating statements that will impact the outcome of your case and help you protect your rights.
At the same time, your criminal threats attorney will begin building your defense. Your lawyer will attempt to disprove the evidence against you and find evidence that supports your defense. Using this, your lawyer will negotiate with the district attorney and prosecutors to either get criminal threats charges against you dropped or get you a favorable plea offer.
Lastly, your criminal threats lawyer can defend you aggressively in court if your case goes to trial. Our experienced lawyers at Wallin & Klarich understand the winning legal defenses to criminal threats charges. We will know which valid defense may apply in your case.
Speak an Experienced Criminal Threats Attorney at Wallin & Klarich Today
If you or a loved one is accused of making criminal threats, you should contact an experienced criminal defense attorney at Wallin & Klarich immediately. Our skilled criminal lawyers at Wallin & Klarich have more than 40 years of experience successfully defending clients facing criminal threats charges. Let us help you now.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal threats attorney available near you no matter where you are located.
Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
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