Criminal threats (formerly known as “terrorist threats”) are very serious crimes in California. A criminal threat is an intentional and willful threat of harm which is made to another person with the intention of making the person fear for his or her safety, or the safety of his or her immediate family. California Penal Code Section 422 defines criminal threats and lays out penalties for this criminal offense in California. A criminal threat is defined as any threat made with the specific intent of making another person fear death or great bodily injury.

Criminal threats are serious charges. If you have been accused of issuing criminal threats, or if you have already been charged for issuing criminal threats, you should review your legal options and defense strategies with a skilled criminal defense lawyer at The Chahine Law Firm. At The Chahine Law Firm, we will intervene on your behalf by challenging victims’ accusations, contesting evidence and conducting in-depth investigations.

Criminal Threats Elements

To prove that the defendant is guilty of a criminal threat, the prosecutor must prove that:

1. The party charged willfully threatened to unlawfully kill or unlawfully cause harm which could result in great bodily injury of another person;
2. The party made the statement. The statement does not need to be oral to be considered a violation of this charge;
3. The party wanted that the statement be taken by another person as a threat, even if it is communicated through another person;
4. The threatening statement was clear enough and immediate and specific that another person understood the serious nature of the threat and believed that it would be carried out;
5. The statement caused another person to be scared for themselves or that harm could come to someone they care about including their friends or family;
AND

6. The other person's fear was to be expected because of the way it was stated. A person completes the crime if they act willfully when they do it by their own volition and purposefully.

In order to decide if the fear is reasonable and was made in a clear manner, the courts will look at the words spoken as well as the circumstances in which they were stated.

Criminal Threats Legal Penalties

A criminal threat may be charged as a misdemeanor or a felony, depending upon the seriousness of the threat and its consequences as well as the discretion of the prosecutor. The punishment will vary accordingly and may include jail time, prison time, parole or probation, and large fines; and you may lose your right to vote or own a gun.

• If charged as a misdemeanor, the court can impose probation (informal) with or without jail time, community service, physical labor, counseling, restitution (paying the victim), fines ($200 to $2,000), and “stay-away” orders. A conviction also results in the person having a permanent criminal record.
• If charged as a felony, a criminal threat is punishable by up to three years in state prison. Criminal or terrorist threats are considered a “strike” under California’s Three Strikes Law.

Los Angeles Criminal Threats Defense Lawyer

If you have been accused of a criminal or terrorist threat crime in Los Angeles, San Bernardino, or Orange County, it is important that you seek the services of a dedicated and aggressive criminal defense attorney with these types of cases. We know that in cases involving criminal threats, it usually comes down to the word of one person against another person. We will argue against those who have made accusations of criminal threats against you and fight to get your charges are either reduced or dismissed. Contact us today for a free case evaluation and speak directly with a criminal defense attorney.