Orange County Man Faces Life Sentence for Threatening Judge: Understanding California’s Criminal Threat Laws
A recent case out of Orange County serves as a reminder of how seriously California treats criminal threats—even when no physical harm occurs. This case illustrates the severe consequences that can result from a moment of anger or frustration, particularly for those with prior convictions under California’s Three Strikes law.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
The Orange County Case: What Happened?
According to the felony complaint filed by the Orange County District Attorney’s Office, the defendant was charged with violating Penal Code Section 76(a)(2), threatening a public official. What makes this case particularly serious is the defendant’s criminal history. With prior felony convictions, prosecutors are applying California’s Three Strikes law, which could result in a sentence of 25 years to life if he’s convicted. This case demonstrates that the location of a threat—even if made inside a courthouse—doesn’t provide any legal protection. In fact, threatening a public official can carry enhanced penalties.
Understanding California Penal Code Section 422: Criminal Threats
Understanding this law is crucial because it applies broadly to threats made anywhere—in court, at home, over the phone, through text messages, on social media, or in any other setting.
Under PC 422, a person commits the crime of making criminal threats when they:
- Willfully threaten to unlawfully kill or cause great bodily injury to another person
- Make the threat verbally, in writing, or electronically
- Intend for the statement to be understood as a threat
- The threat is so clear, immediate, unconditional, and specific that it communicates a serious intention and immediate prospect of execution
- The threat causes the victim to be in sustained fear for their own safety or the safety of their family
- The victim’s fear is reasonable under the circumstances
It’s important to note that you don’t actually have to carry out the threat to be convicted. The crime is complete once the threat is made and meets these criteria. You also don’t need to have the actual ability to carry out the threat—only the apparent ability to do so.
Criminal Threats Can Be Charged as a Misdemeanor or Felony
PC 422 is a “wobbler” offense in California, meaning prosecutors have discretion to charge it as either a misdemeanor or a felony depending on the circumstances and the defendant’s criminal history.
As a misdemeanor, criminal threats can result in:
- Up to one year in county jail
- A fine of up to $1,000
- Misdemeanor probation
As a felony, the consequences are far more severe:
- Up to three years in state prison
- A fine of up to $10,000
- Felony probation
- A “strike” on your record under California’s Three Strikes law
The felony conviction becomes particularly problematic because it counts as a strike, which can dramatically increase penalties for any future felony convictions.
Why Location Doesn’t Matter: Threats Are Illegal Everywhere
Some people mistakenly believe that threats made in certain locations—such as a courthouse, during a heated argument, or in the privacy of their home—might be treated differently under the law. This is not the case.
PC 422 applies regardless of where the threat is made. Whether you’re:
- In a courtroom during a hearing
- Sending a text message from your phone
- Posting on social media
- Speaking to someone face-to-face on the street
- Leaving a voicemail
The location is irrelevant. What matters is whether you made a threat that meets the legal criteria outlined above. In fact, making threats against public officials, judges, or court personnel can result in additional charges and enhanced penalties, as we see in the present case.
How Our Criminal Defense Law Firm Can Help
Facing criminal threat charges—especially with the possibility of felony conviction and prison time—requires experienced legal representation. At our firm, we understand how quickly a heated moment can escalate into serious criminal charges, and we’re committed to protecting your rights and your future.
We will thoroughly investigate your case, examining the exact words used, the context of the statement, witness accounts, and any recordings or written evidence. We’ll fight to reduce or dismiss charges. In many cases, we can negotiate with prosecutors to reduce felony charges to misdemeanors, or even get charges dismissed entirely when the evidence doesn’t support a conviction.
We provide personalized defense strategies tailored to your specific situation, whether that involves challenging the credibility of witnesses, presenting evidence of your good character, or demonstrating that your words were misinterpreted.
Don’t let a moment of anger destroy your future. If you’re facing criminal threat charges in California, contact our experienced criminal defense team today for a confidential consultation. We’ll review your case, explain your options, and fight to achieve the best possible outcome.
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
