If you have been accused of making a criminal threat in Long Beach, the allegations can carry serious legal consequences. Criminal threat cases may involve statements or conduct that another person claims caused fear or intimidation, but the circumstances of each case are different. The Law Offices of Jerry Nicholson represents clients facing criminal threat allegations and can review the specific facts, evidence, and charges involved in the case.
A criminal threat allegation can arise from statements made in person, by telephone, electronically, in writing, or through other forms of communication. Whether a particular statement constitutes a criminal threat depends on the facts, the surrounding circumstances, the applicable statute, and the evidence available in the case.
Examples of Conduct That May Lead to Criminal Threat Allegations:
- Calling in a bomb threat to a public or private building;
- Sending a threatening e-mail to an abortion clinic or church;
- Terrorizing a local family or individual for religious or political reasons;
- Threatening to harm the current partner of your ex-spouse; or
- Threatening harm or injury to a neighbor who has been involved in a neighborhood dispute.
Alleged threats may be communicated in person, by telephone, through text messages or email, in writing, or through other electronic communications. The context of the communication can be important when determining how the allegation should be evaluated under California law.
If you are facing a criminal threat allegation in Long Beach, the Law Offices of Jerry Nicholson can review the circumstances of your case and explain the legal process that may apply. Legal strategy depends on the allegations, evidence, applicable law, and individual circumstances of the case. Call 562-434-8916 to arrange a confidential consultation.
California Criminal Threat Laws
California criminal threat cases are primarily evaluated under Penal Code section 422, although other laws may become relevant depending on the conduct alleged. The legal elements, potential classification of an offense, and consequences depend on the specific facts and applicable law.
California Penal Code Section 422 and Criminal Threat Charges
Under California Penal Code Section 422 PC, a terrorist or lawbreaker threat is taken very seriously. To be convicted of a criminal threat charge, the alleged act must meet the following five conditions:
- The accused willfully threatened to unlawfully kill or unlawfully inflict great bodily injury on another person;
- The accused make the threat with the specific intent that it be taken as a threat;
- The threat is so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and the immediate prospect of execution (i.e., the person was very clear and specific about carrying out the threat);
- The threat actually caused sustained fear in the victim (for “a period of time that extends beyond what is momentary, fleeting, or transitory”); and
- The sustained fear was reasonable.
Notably, the California criminal threats statute is regarded as a “wobbler,” meaning that it may be prosecuted as a misdemeanor or as a felony depending upon the unique circumstances of the case. In the case of a misdemeanor, the maximum penalty is up to one year in county jail and up to a $1,000 fine.
In the case of a felony, the maximum penalty under this statute is up to three years in California state prison, plus a fine of up to $10,000. If the accused actually utilizes a deadly or dangerous weapon as they convey their threat, an additional one year sentence may be served consecutively to the criminal threats prison sentence.
The California criminal threats statute also holds that you may face the above-mentioned sentences for each threat that’s issued in cases where the threats are made on more than one occasion, the threats are made to multiple people or the threats are made “pursuant to different objectives.”
Additionally, Penal Code 422 PC can be considered a “strike” under California’s three strikes law. So this type of case may be subject to far more serious penalties.
Criminal Threats and Related Offenses
Some conduct involving an alleged criminal threat may also raise issues involving extortion or related offenses, depending on the facts and the conduct alleged. California Penal Code section 518 addresses extortion, but the applicable law should be evaluated based on the specific circumstances of the case.
It is not uncommon for criminal threats to be charged in conjunction with Penal Code 601, which is a statute for aggravated trespassing. This charge may be filed if someone first makes a credible threat to another person and then proceeds to enter their workplace or home within 30 days of making that threat, with the intent of following through on the threat.
Criminal threat allegations may also arise in situations involving spouses, domestic partners, dating relationships, family members, or other household relationships. When the allegations involve domestic violence, additional legal issues may apply. Learn more about domestic violence defense and how these cases are handled.
Criminal Threats and Stalking Allegations
Under Penal Code 646.9 PC – better known as the California Stalking Law – it is illegal to harass or threaten another to a point where they begin to fear for their safety or the safety of their loved ones. This is another “wobbler” crime, which may be prosecuted as a misdemeanor or as a felony, so the penalty may range from up to one year in county jail or up to five years in CA state prison.
Criminal Threat Allegations and Gang Enhancements
Some criminal threats cases may also be subject to Penal Code 186.22, which is a criminal street gang enhancement. This serious enhancement may be pursued by the prosecutor if an individual makes a threat for the benefit of a street gang. The penalties can include a prison term of 5, 10, 15 or even 25 years to life in prison, served consecutively to a Penal Code 422 PC conviction. Remember, a conviction can stay on your record long after the trial is over, so a criminal threat offense can negatively impact your future.
If you are facing a criminal threat allegation in Long Beach, the Law Offices of Jerry Nicholson can help you understand the allegations, applicable California law, and the legal process involved in your case. The appropriate defense strategy depends on the facts and evidence, so contact the office to discuss your specific circumstances. Call 562-434-8916 to arrange a confidential consultation.
