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Criminal Threats

Under the California Penal Code, Section 422, “Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement . . . is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family‟s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.”

What Does the Prosecution Have to Prove In Order To Find Me Guilty of Criminal Threats

The California Supreme Court (in People v. Bolin) has additionally laid out the following elements which must be proven by the prosecution in order to be found guilty of criminal threats:
(1) that the defendant ‘willfully threaten[ed] to commit a crime which will result in death or great bodily injury to another person,’
(2) that the defendant made the threat ‘with the specific intent that the statement . . . is to be taken as a threat, even if there is no intent of actually carrying it out,’
(3) that the threat—which may be ‘made verbally, in writing, or by means of an electronic communication device’—was ‘on its face and under the circumstances in which it [was] made, . . . so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat,’
(4) that the threat actually caused the person threatened ‘to be in sustained fear for his or her own safety or for his or her immediate family‟s safety,’ and
(5) that the threatened person’s fear was ‘reasonabl[e]’ under the circumstances.’

Why You Need An Experienced Criminal Defense Lawyer For Your Criminal Threats Case

Being charged with Penal Code Section 422 carries with it stiff penalties including possible jail time. That’s why it’s important you hire an experienced attorney who can protect your rights in court and make sure to get the best result possible. The Law Offices of Michael S. Carrillo has handled countless criminal threats cases and will do whatever is necessary to protect your rights. Call us today for a contact us at (626) 799-9375.