Criminal Threats Defense in CaliforniaCalifornia Penal Code § 422

What Are Criminal Threats Under California Law?

Under California Penal Code § 422, criminal threats occur when someone threatens to commit a crime that will result in death or great bodily injury, with the intent that the statement be taken as a threat. The threat must be so clear, immediate, and unconditional that it causes the victim to be in sustained fear for their safety.

Elements the Prosecution Must Prove

To convict someone of criminal threats, the prosecution must prove: (1) the defendant willfully threatened to kill or seriously injure another person; (2) the threat was made verbally, in writing, or electronically; (3) the defendant intended the statement to be received as a threat; (4) the threat conveyed a gravity of purpose; and (5) the victim was in sustained fear for their safety or their immediate family's safety.

Penalties for Criminal Threats

Criminal threats is a wobbler offense in California — it can be charged as a misdemeanor (up to 1 year in county jail) or a felony (up to 3 years in state prison). If a deadly weapon was used to convey the threat, an additional year is added. Criminal threats also qualifies as a strike under California's Three Strikes Law, making the stakes extremely high.

Defenses to Criminal Threats Charges

Effective defenses include arguing the statement was not specific or immediate enough, the alleged victim was not in sustained fear, the statement was made in the heat of the moment without criminal intent, or the communication was ambiguous. Our attorneys examine every element of the prosecution's case to identify the strongest available defense strategy.