Criminal Threat
California Penal Code section 422 makes it a crime to place someone in fear of being harmed. Specifically, the statute defines the crime of criminal threat as occurring when:
- One threatens to kill or physically harm someone;
- The person threatened is placed in a state of reasonably sustained fear for his or her safety or the safety of his or her immediate family;
- The threat is specific and unequivocal;
- The threat is communicated either verbally, in writing or by electronic means.
Interestingly, you see that the law makes no mention of the threat actually being carried out. That is because the crime is the threat, not the action. In fact, according to the law, one does not even need to be able to carry out the threatened action. In other words, you can be charged with the crime of criminal threat by, for example, threatening to shoot someone even when you do not own or have access to a firearm.
Having a criminal threat conviction on your record will have serious implications on both your personal and professional lives. More so, these effects will be felt long after you finish serving your sentence for your criminal threat charge. For this reason, it is essential that you seek the advice of an experienced California criminal defense attorney.
The Law Offices of Jonathan I. Kelman specializes in defending against California criminal threat charges. Practicing only in criminal defense, attorney Kelman knows the California criminal process inside and out and is thus well-positioned to assist you in fighting your criminal threat charge.
Los Angeles Criminal Threat Defense
Not only will a criminal threat conviction have many long-term consequences, you will also face immediate consequences. For example, did you know that a criminal threat conviction falls under the auspices of California’s "wobbler law"? This means that the crime itself is not classified as either a misdemeanor or a felony but allows the prosecution to choose between the two – a decision that makes a big difference in terms of penalties. For example, if charged as a misdemeanor, you will be facing up to one year served in a county jail and/or a maximum fine of $6,000.00.
On the other hand, a felony criminal threat conviction will result in a minimum two years and a maximum of four years served in a California state prison, along with an escalated fine.
Since the prosecution has the discretion to decide how to charge you, this is a prime area where having an experienced criminal defense attorney on your side can help.
Remember, when your future is on the line, call the Law Offices of Jonathan I. Kelman at 310.286.1218 for your free initial consultation.