PC 422 Criminal Threats Law & Defense California Criminal Defense Attorney

California Penal Code Section 422 "Criminal Threats" Law & Defense

The law on the crime of Criminal Threats (formerly known as Terroristic Threats) is found at California Penal Code Section 422 (PC 422).

To be found guilty of PC 422 the District Attorney must prove that the Defendant:

1) willfully threatened to kill or cause great bodily injury to the victim;

2. intended that his statement be understood as a threat;

3. made a statement that was clear, immediate, unconditional, and specific that it communicated to the victim a serious intention and the immediate prospect that the threat would be carried out;

4. actually caused the victim to be in fear for his or her own safety or the safety of his or her immediate family;

5. caused the victim to be in fear and the victim's fear was reasonable under the circumstances of the Defendant's threat.

Criminal Threats under PC 422 may be charged as a misdemeanor or as a felony in California. When Criminal Threats under PC 422 is charges as a misdemeanor the Defendant may face up to 1 year in county jail. If Criminal Threats under PC 422 is charged as a felony the Defendant may face up to three years in state prison. 

When Criminal Threats under PC 422 is charged as a felony the Defendant must spend his or her time in state prison if any prison sentence is imposed (no county jail option for Criminal Threats charged under felony PC 422). 

When Criminal Threats under PC 422 is charged as a felony the conviction is a "Strike" under California "Three Strikes Law." 

Whether the District Attorney charges a Criminal Threats charge under PC 422 as a misdemeanor or as a felony depends on the facts surrounding the case and the Defendant's criminal history. 

In some cases of felony Criminal Threats under PC 422 it may be possible to have the judge reduce the charge to misdemeanor PC 422 even if the District Attorney is not so willing.

Defenses to Criminal Threats under PC 422 include, statute of limitations (3 years), insufficient evidence to prove the victim was placed in reasonable fear, insufficient evidence that the Defendant intended his threats to be communicated to the victim, improper police procedure and illegal evidence (this is usually the case where the victim records the Defendant's statements without Court permission, though this defense has limitations in many cases).

If you have been charged with Criminal Threats under PC 422, contact criminal defense attorney Christopher Dorado today for a free consultation. Attorney Dorado dedicates 100% of his practice to criminal defense and initial consultations are provided at no cost to the accused. 

To learn more about Criminal Threats charges as PC 422 in California please visit our Criminal Threats webpage at CriminalDefense909.com. Call today! 909.913.3138

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