I see this all the time when I defend people who are charged with criminal threats or what used to be called terrorist threats.  The reality is that it's somebody threatening another person to do some sort of harm to them or their family in order to scare that person or to gain some sort of advantage over that person.

Obviously, if you threaten somebody and do it in a way that suggests you're trying to get them to do something or maybe just because you're simply angry at that person, you could be charged with a criminal threat under California Penal Code 422, which is a felony or a misdemeanor.

The prosecutors have the discretion to make that decision, and they make that based on your criminal record, how serious the threat was, and whether the threat involved you trying to kill somebody or just harm that particular person.

False Claims of Threats are Common

However, it's not uncommon for individuals to involve the police in a civil dispute by falsely claiming that they've been threatened.  They aim to incriminate the other party and gain an advantage in the dispute. However, it's crucial to understand that the consequences of such false claims can be severe, leading to legal repercussions and potential damage to one's reputation.

Obviously, the hope is that the police or prosecutors realize these guys are locked in a civil dispute.  This is a civil matter that should be resolved in a civil court, not a criminal court.  The person is claiming this threat because they want to gain an advantage over the other person.

Another area where I see this used all the time is in family law circumstances—in a divorce situation where the husband or wife is attempting to gain an advantage—either so they don't have to pay spousal support or, maybe, the wife so she doesn't have to be in a position where she doesn't get as much money as she wants.

So, she will claim that a particular individual criminally threatened her so that person can get as much alimony as possible and as much child support as possible.  If you get hit with a domestic violence restraining order and they add in there that you threatened to kill somebody, for example, that puts you at a great advantage as far as resolving the divorce in your favor and getting as much money as possible.

Domestic Violence-Related Incidents

Unfortunately, because money and their future are at stake, people tend to make things up, and they don't hesitate to do so.  I've seen numerous criminal threat cases being filed throughout Los Angeles County, and upon closer examination of the story, it becomes clear that the other party wasn't actually threatened.

They were just claiming that to try to win their dispute with the party they claimed had threatened them.

This is a particularly interesting crime because when I first started practicing criminal defense twenty-five years ago, prosecutors didn't have an effective Penal Code Section 422 to use in prosecuting people for this type of offense, so they didn't prosecute as many cases.

Filing a False Police Report – Penal Code 148.5

Now, if you go crazy, get angry, and shoot your mouth off, you can bet — especially in a domestic violence circumstance — the prosecutors are going to charge you with criminal threat. These criminal threat charges carry significant consequences because they can be filed as a felony.

You could face prison time.  Not only that, the criminal threat has been changed into a strike.  So, now you'll have a felony on your record for the rest of your life in California.  So, these cases are taken very seriously.

Attempting to use criminal threats to gain an advantage in a civil case is not only illegal,  but it can also lead to serious consequences.  If you file a false police report under California Penal Code 148.5, you could face legal charges and potential penalties. While some individuals may attempt to use this tactic, it's important to remember that it's not a viable or legal strategy.

But do people do it?  Absolutely, yes, they do.  Fortunately, one of the defenses in these criminal threat cases is that the person doing it is motivated by trying to gain an advantage monetarily in a civil case, such as during a divorce, or in other circumstances.

So, if you or a loved one is charged with criminal threats, it's imperative to seek the guidance of a criminal defense lawyer who has experience handling these cases. Having a professional by your side can provide reassurance and guidance, especially when you're unsure, as there may be a civil dispute between you and the other party.

It's crucial to select an attorney who knows how to use that defense, knows when that defense will be successful, and knows when it won't be successful. Understanding the strength of your defense is crucial to feeling informed and prepared.  

You don't want to think you've got that defense, and you really don't have it because they've got you on tape recording threatening to kill the person — that's going to be a problem for you.  And you can try to use that defense, but you're probably not going to be successful in that scenario.