What Constitutes Criminal Threats? (PC 422)

While driving home from work, your car was rear-ended by another driver. After the two of you exited your respective vehicles, you angrily stated, “I’m going to punch your teeth out if I ever see you again!” Now, you are being accused of committing criminal threats in violation of PC 422. Can the prosecutor convict you of committing a criminal threat?

Prosecution of Criminal Threats

The prosecutor carries a significant evidentiary burden in proving that you committed a criminal threat. In order to convict you of committing a criminal threat, the prosecutor will need to prove all 6 of the following elements:

• You willfully threatened to unlawfully kill or unlawfully cause great bodily injury to the victim or the victim’s immediate family

• You made the threat orally, in writing, or by electronic communication

• You intended to communicate your statement as a threat to the victim

• Your threat was so clear, immediate, unconditional, and specific that it communicated to the victim a serious, immediate prospect that the threat would be carried out

• Your statement caused the victim to be in sustained fear for his or her own safety or the safety of his or her immediate family; AND

• The victim’s fear was reasonable under the circumstances

Your statement to the other driver is likely not enough by itself for the prosecutor to convict you of committing a criminal threat. You unlawfully threatened to cause great bodily injury through your oral statement. Furthermore, you likely intended your statement to be communicated as a threat to the victim. However, it can be argued that your statement was not immediate or unconditional since a significant likelihood exists that you may never see the other driver again. If this is the case, your statement will likely be considered too vague to constitute a criminal threat.

Defenses for Criminal Threats

Successful defenses to charges of committing a criminal threat include, but are not limited to, any of the following:

• Vague Statement

• • A vague statement cannot constitute a criminal threat.

• • • Example: “I’ll hurt you badly!”

• Not Imminent

• • Your threat of physical confrontation is not reasonably imminent.

• • • Example: “I’m going to kill you one day.”

• No Requisite Fear

• •  If your statement did not cause the victim to fear for his safety or the safety of his immediate family, then a criminal threat did not occur.

• • • Example: You threaten to “beat up” another person, but he or she does not take your statement seriously.

• Unreasonable Fear

• • If the victim’s fear was unreasonable, then a criminal threat did not occur.

• • • Example: If you threatened to attack the victim with a nuclear bomb, then his or her resulting fear may be considered unreasonable.

Punishment for Criminal Threats

Depending on the seriousness and consequences of a criminal threat, the offense may be charged as either a misdemeanor or a felony. The prosecutor has the discretion to pursue a misdemeanor or felony charge against you.

Misdemeanor Criminal Threat

If you are convicted of committing  misdemeanor criminal threats, you will face up to one year in county jail and up to $1,000 in court fines.

Felony Criminal Threat

If you are convicted of committing a felony criminal threat, you will face up to 3 years in state prison and up to $10,000 in court fines.

Gang Enhancement

If you are convicted of committing a criminal threat for the “benefit of, at the direction of, or in association with” any criminal street gang, then you will face an additional imprisonment period of up to 4 years.

This blog was provided by the Mayberry Law Firm.