Definition

Criminal Threat under California Penal Code Section 422, is a criminal offense and it is normally filed as either a misdemeanor or felony. Criminal Threat is when someone intimidates another individual by writing or verbally stating  that they will kill or induce bodily injury on the victim or their families.

Example

A common illustration of Criminal Threat is when a perpetrator sends an email to someone else stating that they are going to kill or harm them at a specific time.

Elements of the Crime

In order to take an Criminal Threat CPC 422 case to trial, certain elements of the crime will have to be proven. This includes:

·         That the defendant threatened to murder someone else or cause them physical harm

·         The defendant caused the victim to have constant fear or worry that their life or their family’s life was in danger

·         The defendant declared the threat in written, verbal or electronic form

·         The defendant made the threat detailed – the manner and time they would cause harm

Punishments for CPC 422

These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case. It doesn’t matter if the defendant completed the threat or had planned to do so, the defendant can still be convicted of criminal threat, as victims are usually in fear of their lives.

When found guilty of Criminal Threat, it is usually filed as either a misdemeanor  or felony, which includes:

Misdemeanor charges for criminal threat include one year in jail and a one thousand dollar fine

Felony  charges for criminal threat include up to three years in prison and a one hundred thousand dollar fine

Legal Defenses for California Penal Code 422

A good lawyer can present many legal and valid defenses for Criminal Threat charges under California Penal Code 422 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended  those who were falsely accused of Criminal Threat. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Criminal Threat.