Criminal Threats Has Become a Major Crime
I've been doing this for almost 30 years, and I've noticed that many people are recently arrested and charged with the crime of California Penal Code 422 criminal threats.
It used to be called terrorist threats, but now it's called criminal threats. A criminal threat involves somebody threatening another person in some way. The threat must be accurate, actual, and precise.
Typically, I'll review what happened with the client and find out from their perspective what was said, why it was said, and the circumstances and context. Then, we obtain the police report, which details what the alleged victim claims was said and whether there are any witnesses. This process helps us build a comprehensive understanding of the case.

Sometimes, depending on the circumstances, it's audio or videotaped again, and then we will decide whether it was a threat for a criminal threat charge.
A lot of times, I just get the jury instructions because if somebody goes to trial on a criminal threats case in the San Fernando Valley, Los Angeles, or anywhere else, California Criminal Jury Instructions always control.
So, the jury will be given the elements — what the prosecutors have to prove about a criminal threats case. So, we'll look at that. We'll see what they're claiming you said and see if it meets those elements, and then decide how we will deal with the case.
Our Los Angeles criminal defense attorneys will take a closer look at the law below.
What are Criminal Threats?
California Penal Code Section 422 makes it a crime for someone to communicate a threat to another person that could result in significant bodily injury or death. PC 422 is usually called “criminal threats.”
Put simply, this statute prohibits threatening to harm or kill another person when the threat places the victim or another person reasonably sustained fear for their safety or that of their family.
The threat has to involve inflicting a great bodily injury (GBI) or death to the victim or immediate family members. Criminal threats are frequently directly connected to California domestic violence crimes. Penal Code 422 PC defines criminal threats as:
- “Anyone who willfully makes a threat to commit a crime resulting in a great bodily injury or death to someone, with intent their statement to be taken as a threat, even without intent to carry it out, which was specific to the person threatened with the immediate prospect of execution of the threat, causing victim or their family to be in fear of their safety.”
The threat could be made verbally, written, or through electronic communication, such as text messages. However, you can't be guilty unless the threat placed the victim in reasonable and sustained fear.
Penal Code 422 PC is considered a serious crime that can expose a convicted defendant to severe penalties.
What are the Related California Crimes?
- Penal Code 243(e)(1) PC – domestic battery,
- Penal Code 273.5 PC – corporal injury to a spouse,
- Penal Code 368 PC – elder abuse,
- Penal Code 136.1 PC – intimidating a witness,
- Penal Code 646.9 PC – stalking,
- Penal Code 601 PC – aggravated trespassing,
- Penal Code 186.22 PC – gang enhancement,
- Penal Code 518 PC – extortion.
What are the Penalties?
Unfortunately, criminal threats are a strike. It's a severe felony, so you'll have a strike on your record if you plead guilty to it as a felony. That's where it gets a bit interesting and has a bit of a twist.
Criminal threats are also a wobbler, meaning they could be charged as a felony or a misdemeanor. Many people are trying to determine whether they will be charged with a felony or a misdemeanor.
If you were arrested and your bail was $50,000.00, you were booked as a felony. That doesn't necessarily mean it will be charged as a felony. The police have to make a decision when they arrest you whether you're going to be booked as a felony or a misdemeanor.
But ultimately, the charging decision is with the prosecutors—the lawyers like me on the other side—who will decide whether to file it as a felony or a misdemeanor.
They will assess, consider, and evaluate your prior criminal record, what type of threat there was, whether a weapon was involved, and whether or not to charge it as a felony or misdemeanor.
Defending Criminal Threats Charges
So, the bottom line is that if you or a loved one is charged with criminal threats, you want to hire an attorney. Let that attorney work for you and determine the best angle to handle the case.
I've been doing this for nearly 30 years. I worked for the District Attorney's office in east LA when I started. Later, I was a Superior Court Judge in Burbank, and then in 1994, I put out my shingle as a criminal defense attorney and have been defending people like you ever since.

There might be a defense strategy we can use. For instance, we might be able to argue that the victim was not placed in sustained fear or that the threat did not involve a significant bodily injury or death. This could provide a glimmer of hope in what might seem daunting.
Through prefiling intervention, we might be able to negotiate with law enforcement and the prosecution to avoid the formal filing of criminal charges before the court. This process is a testament to our commitment to handling your case carefully.
Don't hesitate to reach out if you're facing a criminal threats case in the San Fernando Valley or anywhere in Los Angeles. I'm here to listen and help. Could you pick up the phone and request a meeting with Ron Hedding? I stand ready to assist you.