It’s important to note that in spite of the First Amendment protecting the rights of freedom of speech, that doesn’t apply to criminal threats. You are not legally able to issue threats of violence to other people that place them in fear for their safety. At the same time, you can be charged with criminal threats even if you don’t make direct threats to a person. It can include the individual’s family members or a third party as long as the intent was for those threats to be relayed to the victim. For example, if an estranged husband visits his wife’s parents’ home and tells them to inform her that he’s looking for her and will make her sorry she left him, the man can be charged with the crime.
What Should You Do if You’re Arrested for Criminal Threats?
The first thing you should do if you’re arrested on charges of criminal threats is to simply remain silent. Do not offer any information to the police. Staying silent is in your best interest because you cannot incriminate yourself if you don’t talk. Secondly, you should immediately contact a criminal threats lawyer who can fight to protect your rights and build a strong case for you. It’s the best chance you have at getting a positive outcome in your case. Let your attorney handle everything for you and keep silent until you have had your consultation with them.
What is the Legal Definition of Criminal Threats in California?
As per California’s Penal Code Section 422, criminal threats is defined as an offense that is willfully made when a person issues threats to someone or those close to a person and that will result in serious bodily injury or death to them or another individual. Even if the person making the threats doesn’t truly mean it, if the victim or people close to the victim believe they were serious, they can still be charged with the crime of criminal threats.
As long as the victim is put in reasonable fear of their safety or that of their immediate family members, the individual making the threats can be arrested and charged with criminal threats. The threat can be made in a variety of ways: verbally, written or through an electronic device.
Additionally, the threat doesn’t have to be specific in nature; as long as the threat is made and it puts fear of serious injury or death into a person, the individual can still be charged with criminal threats and potentially convicted. The victim’s immediate family can include a spouse, child or parent. The electronic device through which the threat was made can be a phone, computer, tablet or even a fax machine.
What are the Elements of Criminal Threats?
The prosecution can only prove that a defendant is guilty of criminal threats if there are certain elements in place. In order to secure a conviction against a defendant, the prosecutor must prove beyond a reasonable doubt that the following elements were in place:
• The defendant willfully made threats to another person that they would cause serious bodily injury or death to them
• The threats the defendant made to the victim were verbal, in writing or through electronic means
• The defendant’s threats were intended for the victim to believe they were threats
• The defendant’s threat was perceived to be immediate and specific by the defendant and indicated that they would be carried out
• The defendant’s threat caused the victim to fear for their safety or for that of their immediate family members
What are the Penalties for Criminal Threats in California?
As per California law, criminal threats is a crime that is considered a wobbler, which means it can be classified as a misdemeanor or felony depending on the circumstances of the case. If the defendant has a prior criminal history, that can also impact whether the crime is charged as a misdemeanor or felony. If the individual is convicted of a misdemeanor, they can face a maximum of one year in jail and a fine of $1,000. However, for a felony conviction, the penalties can include a maximum of three years in state prison and a maximum fine of $10,000.
If a dangerous weapon was used during the commission of the crime, the individual can face an additional year in prison. A felony conviction for criminal threats is also counted as a strike per the state’s three-strikes law.
Other penalties a person can face include deportation for an undocumented immigrant and losing professional licenses held.
What are the Possible Defenses for Criminal Threats?
There are many possible defenses for a charge of criminal threats. The defense attorney can use one of the following most common:
• Vague threat: The defense attorney can argue that it was a vague threat and not specific. This can cast reasonable doubt.
• Victim’s fear wasn’t reasonable: Another defense is to argue that the victim’s fear wasn’t reasonable, such as an innocent comment made during an argument.
• False accusation: Another possible defense is to argue that there was a false accusation. This commonly occurs during divorce proceedings or child custody battles.
No matter what, if you face criminal threat charges, you need to immediately speak with a criminal defense lawyer. The charges might just be dismissed with the right defense in place.
