We all have the right to express our opinions freely under the 1st Amendment. However, it is not acceptable to intimidate or frighten others to the point that they fear for their lives and safety. According to California law, Penal Code 422, issuing criminal threats is a punishable offense. If you make a threat that causes someone to fear physical harm or death, you can be held liable for criminal threats. At the California Criminal Lawyer Group in Bakersfield, we are here to help you fight charges like criminal threats if you are arrested or charged under California law.
An Overview of Criminal Threats Under California Law
The provisions of California PC 422 classify a terrorist threat as a criminal threat. A criminal threat is defined as making threats of death or serious injury to someone to cause uncertainty or fear. The prosecutor should provide evidence of several elements of the offense when charging an individual with criminal threats.
If the prosecution wants to build a case against you for making a threat to harm or kill someone, they need to prove that you did it intentionally. They will disclose how you made the threat, whether it was through written words, voice, or electrical equipment. The prosecution should prove that the threats were immediate, precise, unconditional, and unambiguous. Additionally, the evidence should demonstrate that the threats implied a high probability of immediate execution.
The prosecution should demonstrate that the victim feared for their safety as well as the safety of their family members after the threat was made. According to state law, it is possible to criminally threaten someone without having to speak to them directly. It is also possible to issue a threat without directly approaching the victim.
In the lawsuit of People v. Lipseth (2014), the accused engaged in an argument with another individual regarding a bike. During the altercation, the defendant made the statement "shot him" to a friend. Despite not directly addressing the victim, the defendant was charged with making criminal threats. The crucial factor was that the accused intended for the victim's desire to be shot to be acted upon.
You don’t need to specify the exact offense you plan to perpetrate against the victim when making a threat. Making criminal threats can result in charges as long as you threaten to cause bodily harm or even death. Terrible bodily injury involves serious or significant harm that the person has experienced.
The threat does not need to be directed at a specific individual. Alternatively, you can issue the threats to a collective, such as a group of employees. However, it is important to note that a criminal threat cannot be conveyed solely through gestures. It should be accompanied by written, spoken, or technological communications.
Cyber threats can be communicated in various ways. They can be electronically conveyed through phone calls, landlines, or mobile devices. Additionally, threats can be sent via fax machines, computers, pagers, video recorders, or text messages. It is worth noting that threats involving criminal activity are often transmitted through text messages.
Unequivocal Criminal Threats
According to California PC 422, a criminal threat should be clear-cut, unequivocal, and targeted. The recipient of the issued threat should genuinely believe that it will be immediately carried out. However, even an empty or conditional threat can be considered a criminal threat, based on the specific details of your case.
A threat contingent upon another condition is referred to as a conditional threat. For instance, an accused individual can threaten to murder someone if a specific action is carried out. As an example, the defendant might threaten to kill the victim unless they surrender the money. If the context of a conditional threat effectively communicates to the alleged victim that the perpetrator possesses the capability to perpetrate the threat, then it is deemed illegal.
A conditional threat, as per California PEN 518, can be classified as extortion. If a conditional threat is determined to be a form of extortion or blackmail, you could face prosecution under PEN 518 and PEN 422 respectively. Most conditional criminal threats are made with an objective in mind. When someone issues a conditional warning, they often do so with the hope of achieving their objective, thus avoiding the need to carry out the threat.
For conditional threats to be considered criminal threats, the defendant should make it with a clear intention and a reasonable expectation that it will be carried out. Even if the defendant only made idle threats to the victim, they could still be charged with criminal threats. Empty threats, even if not intended to be carried out, can still have legal consequences. The primary purpose of using such threats is to intimidate and frighten the victim.
Whether or not the person intended to carry out the threat is irrelevant when it comes to charging under PC 422. Consequently, the defendant should communicate the threat in a manner that convinces the victim that the accused intends to follow through on the warning.
Reasonable Fear
Under California PC 422, you can only be charged with criminal threats if you cause a reasonable fear for the safety of the victim or their immediate family members. It is essential to demonstrate that the victim was genuinely afraid for their well-being after you made the threat. If the victim does not express any concern or dismisses the threat as baseless, you cannot be convicted of instilling fear.
There are several methods to determine if a person has experienced terror after a threat. One clear indicator is if the victim takes measures such as installing a new security or surveillance system in their home after receiving the threat. Another indication is if the victim continues to hide, as it suggests that they are still fearful even after being warned.
The person receiving the threat should interpret it as credible. It should be evident at the time of the warning that the defendant intends to carry out or has carried out the threat. It is not necessary for you to personally deliver the threat to face charges. You could still be charged even if you convey the threats through any third parties. However, under California PC 422, you cannot be charged if the victim is not afraid. The judge could choose to dismiss all of your charges.
Furthermore, the victim's fear following the threat should be reasonable and logical. If the warning issued is absurd or unreasonable and the defendant cannot follow through with it, the victim could not experience a justifiable sense of fear. However, the defendant does not necessarily have to be capable of carrying out the threat. The key factor lies in the victim's belief that the defendant is capable of executing the threat.
For the perpetrator to be charged with a criminal threat, the victim should experience ongoing fear due to the threat. This fear, known as sustained terror, goes beyond what is transient, ephemeral, or fleeting. The duration of sustained terror can vary from person to person, and there is no specific timeframe for it to persist.
Penalties for Issuing Criminal Threats
A wobbler offense is defined by California PC 422, which means that the prosecution can charge it as either a misdemeanor or a felony. The decision will rely on various issues, such as your criminal history. Additionally, the prosecution will consider the specific details of your case.
If you are charged with a California misdemeanor of making criminal threats, you could potentially spend up to a year in jail. Along with that, you could be required to pay a fine of up to $1,000. However, if the prosecutor brings a felony charge against you, the maximum sentence could be three years in a California prison and harsh fines of up to $10,000. It's important to note that if you use a deadly or dangerous weapon while making the threat, you could face an additional year of imprisonment in the state prison.
It is crucial to remember that if you threaten someone more than once, you could be penalized for each threat you make. The same case applies if you send warnings in response to different targets or against several individuals.
Earning A Strike
The California Three Strikes Law states that a felony criminal threat conviction will result in a strike against your record. If charged as a serious felony, a violation of PEN 422 qualifies as a strike under the Three Strikes legislation.
If you have a prior strike on your criminal record and commit another felony offense, you will be considered a second striker. As a repeat offender, the length of your sentence would likely be double what the law stipulates for an equivalent violation. If you have two prior strikes on your criminal record and engage in a third felony, you’ll be classified as a third striker.
As a result, you will be required to serve a minimum term of twenty-five years to life behind bars. According to California statutes, you should complete at least eighty-five percent of the sentence before you’re suitable for parole, as a felony conviction under PEN 422 is considered a strike.
Moral Turpitude Offense
Any violation of PC 422 is deemed a morally repugnant crime, even more, repulsive and objectionable than other offenses classified as crimes of moral turpitude. As a result, breaking California PC 422 can have negative immigration consequences, particularly for immigrants. It could lead to being denied entry into the country or the inability to modify one's immigration status.
For example, individuals with a history of criminal threats could not be eligible to naturalize and become citizens of the United States. In the case of aliens or lawful immigrants, there is a possibility of facing removal or deportation from the US on certain occasions.
Defenses Against Criminal Threats
Before you can be charged with criminal threats, the prosecution should establish the necessary elements of the offense. However, with the help of a skilled criminal defense lawyer, you have the opportunity to refute the prosecutor's accusations. In challenging accusations under PC 422, you can utilize various defenses that are available to you.
Some typical defenses include the following:
Vague Threat
You could argue that the threats you made were unclear and did not specify when it would be carried out. However, according to California PEN 422, a criminal threat should be absolute, unambiguous, immediate, and precise. The threat should imply an urgent chance or prospect of execution.
The fact that the defendant should carry out the threat immediately does not necessarily imply a quick likelihood of execution. Instead, it could suggest that the alleged victim understands that the threat could be carried out at a later time if they ignore your requests and terms. If the criminal threat is ambiguous, you have the option to contest the allegations in court.
Even if the threat seems vague and unclear, it could still be considered as such if the context and relevant evidence clarify its meaning. Conversely, the defendant could argue that a threat is not unlawful if there are no accompanying expected events.
Unreasonable Fear
Under PEN 422, if the alleged victim doesn’t feel threatened or if their fear is unfounded, you cannot be found guilty of criminal threats. The victim should experience a legitimate and acceptable level of concern for the charges to be justified. If the warning is unjustified and doesn’t meet these two standards, the accused shouldn’t be charged.
Even though the victim experienced terror, you could not be prosecuted if the threat you made was not reasonable in the given situation. For example, the defendant could make threats to run over the victim with an airplane. However, if the defendant lacks access to an aircraft or a pilot's license, they would be unable to carry out the threat. In such cases, the victim would have no cause for concern.
The Victim Showed No Fear
For you to be charged under PC 422 for making criminal threats, it should be clear the victim experienced fear as a result of the threat. However, if it is evident that the victim does not take your warning seriously, you will not be prosecuted. For instance, if the victim perceives your threat as a joke, you cannot be charged.
The victim might believe that you are incapable of carrying out the threat. However, for you to be charged under PC 422, the victim should experience terror. According to PC 422, you cannot be convicted of making criminal threats if the victim does not feel anxious.
There Was No Sustained or Prolonged Fear
Alternatively, one could argue that the victim didn’t experience continuous or persistent anxiety, which is necessary to contest accusations under PC 422. For an accused person to be charged with criminal threats, the victim should endure chronic fear rather than sporadic or transient fear. If the victim's fear was limited to a specific period following the treatment and did not result in prolonged concern, it cannot be considered as continuous fear.
If the victim experienced terror solely due to an exaggerated reaction, you could still contest the allegations. It is important to establish that the victim had an unreasonable fear, as this will provide a legitimate motive for contesting the allegations.
You Were Exercising Your First Amendment Rights
If you believe that your speech is protected under the concept of free speech, you have the option to contest the allegations under PC 422. Speech protected by the Constitution is not subject to the California Criminal Threats Law. However, individuals who attempt to instill fear in others could face legal consequences. It's worth mentioning that even if your statements are aggressive or furious, you cannot be charged under PC 422 if your actions are limited to ranting and making impassioned statements.
False Allegations
For you to be charged under PEN 422, the alleged victim doesn't need to sustain bodily harm. Therefore, false charges are often directed towards the crime of criminal threats. Feelings of anger, resentment, jealousy, or contempt can lead someone to falsely accuse you of making threats. Additionally, individuals attempting to conceal their criminal responsibility could falsely accuse someone else of making criminal threats. It is worth noting that verbal threats, as opposed to written or technological ones, are more susceptible to resulting in false accusations.
A skilled criminal defense lawyer could have handled numerous cases involving criminal threats in the past. As a result, they possess the expertise to thoroughly investigate and review the facts, identify any falsehoods, and present the truth. If you’re facing criminal threat charges, hiring a defense lawyer can be very helpful.
Crimes Related to Criminal Threats
The charge of making criminal threats is connected to several California offenses. Here are a few examples of these connected crimes:
Domestic Abuse
Criminal threats often occur within the context of romantic and intimate relationships. California laws regarding domestic violence apply to offenses perpetrated against a spouse, whether they are currently living or deceased. The same laws also extend to offenses perpetrated against a parent, child, domestic partner, or cohabitant.
Domestic violence charges often arise in highly emotional and sensitive situations. It is not uncommon for individuals to make threats of violence when they are overwhelmed by intense emotions. However, it is crucial to recognize that even if one spouse doesn’t intend to act on the threat, it is still considered unacceptable and can lead to legal consequences.
However, criminal threat charges could still apply even if the accused person has no intention of causing harm to the victim. If the person receiving the threat feels fearful for their safety or the safety of their family members, charges could be filed against the perpetrator.
When it comes to domestic abuse, the prosecutor has the authority to charge the defendant with making criminal threats and pursue legal action. This can result in the defendant facing additional sanctions. In addition to other counts of domestic violence, the prosecution could also file separate criminal threat allegations against the offender.
Extortion
According to California PC 518, engaging in the use of force or threats to obtain property, money, or services from other individuals or organizations can lead to charges of extortion. If you intimidate a public officer to induce them to execute an official act out of fear, you could also face potential charges of extortion.
A politician could face charges of extortion if they are threatened with a lawsuit and asked to support a specific lawmaker. Threatening to cause harm to the politician and their family if they do not comply with your demands could result in charges under PC 422 for criminal threats and PC 518 for extortion.
Extortion is classified as a criminal offense under California law, carrying penalties that can include incarceration and a fine of up to $10, 000. A California jail sentence for extortion can range from 2 to 4 years.
Getting Rid of a Witness
Dissuading a court witness is a violation of California PEN 136. 1, which is closely related to the criminal threat charge under PEN 422. It is illegal under California PEN 136. 1 to attempt to or prevent an alleged victim or witness of an offense from reporting and testifying about the incident. If you threaten to prevent a witness or victim from reporting or testifying about a crime, you could violate the provisions of PC 422. Consequently, the prosecution can accuse you of intimidating a witness and making criminal threats.
Under California law, a violation of PC 136. 1 is considered a "wobbler" offense. If your act is charged as a misdemeanor, you could potentially face up to a year in county jail. However, if the prosecution decides to file felony charges, the potential sentence increases to up to 4 years in prison.
Find a Bakersfield Criminal Defense Law Firm Near Me
California law considers criminal threats to be serious offenses. You or a loved one should hire an experienced criminal defense lawyer if you are facing accusations of making threats against the law. A defense lawyer will develop a strategic plan to protect your legal rights, including the right to have legal representation. If you’re facing charges for making criminal threats, our experienced attorneys at the California Criminal Lawyer Group in Bakersfield are here to help. Schedule a consultation with one of our lawyers by calling 661-750-8230.
