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When is a Criminal Threat a Crime?

Posted by Ronald D. Hedding | Mar 27, 2023

California Penal Code 422 PC controls the criminal threats area, which can be filed as a felony or a misdemeanor. 

When a person makes a credible threat to kill another, causing fear in an average person, the prosecutors are likely to file a charge. This can have serious consequences, whether it's filed as a felony or a misdemeanor.

It used to be called a terrorist threat back when I started dealing with these cases about 30 years ago, but now they've changed it to a criminal threat.   

I see a lot of these cases more and more where people get frustrated and angry with another person and end up threatening them.  I've often seen it in a voicemail or text message, which is wrong because then there's proof of the criminal threat.

I often see the alleged victim trying to get out of some responsibility to be defended. It's important to note that the legal system is designed to be impartial, and we will work to ensure that all parties are treated fairly and their rights are protected. 

In other words, maybe the alleged victim owes money, they were allegedly threatened, and now they can try to get out of paying the money back because they get the police involved, contact the person arrested, and end up not having to pay the money back that was legitimately owed.

Avoiding a Criminal Threats Charge

Your best strategy is not to get a criminal threat charge – handle things differently than threatening somebody using the authorities as an example. 

However, since you are on this website, you're probably charged with a criminal threat – Penal Code Section 422- or when your loved one is accused of a criminal threat.

What we have you do is come into the office.  We sit down.  We go over exactly what the alleged threat was and discuss the legal process ahead, including the potential outcomes and steps we will take to defend your case. 

You've got to give me all of the information so that I can assess, using the jury instructions for Penal Code Section 422, whether that threat meets each element. 

Sometimes, there are problems with some of the elements. For example, sometimes people conditionally threaten others and say, I will do this to you later if you do this.  Now, you get into the realm where the case can be defended.

Usually, prosecutors deal with blatant and clear threats. The more dangerous the person sounds, the harsher the threat, and the more likely it will be filed as a felony rather than a misdemeanor. 

It's crucial to seek the help of an experienced criminal defense lawyer when facing a criminal threat charge. This is not a situation to navigate alone.

Other charges besides criminal defense can be used in criminal threats if they've got the evidence against you because a criminal threat is a strike pursuant to the California Three Strikes Law. This means that a criminal threat charge can have serious and long-lasting consequences, including potential imprisonment.

California Criminal Defense Lawyer

Therefore, you don't want that on your record because you can't get it off.  It's always there.  Prosecutors can see it.  Police can see it.  Even the general public or an investigator can see it if they figure out the right way to look for it. 

Given the severity of a criminal threat charge, it's crucial to have an attorney with extensive experience.  With over 30 years of handling such cases, I can provide the expertise and guidance you need. 

I started out working for the district attorney's office, then for a superior court judge, and then, in the early 1990s, I began defending people just like you or your loved one. 

I've gone down the path you're about to go down.  If you need the best when it comes to defending a criminal threat, pick up the phone now.  Ask for a meeting with Ron Hedding. Our Los Angles criminal defense attorneys offer a free case evaluation.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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