California Penal Code section 422 defines criminal threat as any willful threat to commit any crime resulting in death or great bodily injury. The crime of criminal threats is a specific intent crime and is often difficult to prove without evidence of some affirmative action taken by the defendant. Prosecutors will often charge this crime with other violent crimes, such as assault and battery or domestic violence.
In order to be charged with a criminal threat, there must be evidence that you threatened to harm or kill someone and:
The crime is a wobbler, which means that it may be charged as a felony or misdemeanor, depending on the circumstances. A felony conviction carries a sentence of up to three years in state prison, while a misdemeanor conviction could result in a sentence up to one year in county jail. When charged as a felony, the crime of making criminal threats constitutes a “serious felony” under California’s Three Strikes Law and could ultimately lead to a sentence of 25 years to life.
At The Law Offices of Robert G. Cummings, our Redwood City criminal defense lawyer has tried several criminal threat cases as well as hate crimes under Penal Code sections 422.55 and 422.6, which are derivative crimes of the criminal threats statute. We have in depth understanding of the case law surrounding the area of criminal threats. Our experienced trial attorney has argued this case law in open court on several occasions and is familiar with procedures behind criminal threats defense cases.
We would like to offer you a free initial consultation to meet with a knowledgeable Redwood City criminal defense lawyer. Give us a call now at (650) 620-7290 to set up an appointment - we even offer after hour and weekend appointments.
Contact us today to get the solid legal defense that you need.