What You Need To Know If You Are Charged With “Criminal Threats” (PC 422) In California
Criminal Threats can Be Charged as a Felony or a Misdemeanor
A criminal threat under Penal Code 422 is a “wobbler” under California law which means that you can be charged with a felony or a misdemeanor by the District Attorney. There have been cases where the police have arrested people on misdemeanor criminal threats charges and the prosecution decided to file the case as a felony. There have also been many cases where the police have arrested people on felony criminal threats charges and the prosecution decided to file a misdemeanor instead. The prosecution has complete discretion in deciding whether to file this charge as a felony or misdemeanor and will consider factors such as the facts of your specific case and your criminal history in making their decision.
Felony Criminal Threats is a “Strike” Offense Under California Law
If charged as a felony criminal threats is a “strike” offense in California and if convicted of this felony charge you will have to serve up to 85% of your sentence if you are sentenced to prison. Your punishment for future felonies would also be doubled if convicted of this charge and you would also be 1/3 of the way to a potential 25 to life three strikes case in the future.
Criminal Threats under California Penal Code 422 is a very serious crime that can have a devastating impact on your life if convicted. If you or a loved one is being charged with criminal threats in California then it is imperative that you consult with an experienced and aggressive criminal defense attorney. The attorneys at Wallin & Klarich have been representing clients facing cases like this for over 40 years. Call us today at 888-749-0034 for a consultation. We will be there when you call.
AUTHOR: Paul Wallin
Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney.
Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.
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