California Penal Code Section 422: Criminal Threats makes it illegal to threaten to hurt or kill someone else if that threat makes the victim experience reasonable fear for either their safety or the safety of their family.
Threatening another person with bodily harm or physical injury can result in misdemeanor or felony charges in California. A Los Angeles violent crimes lawyer can provide more information about this charge and review legal defenses that can protect you after an accusation.
Understanding California’s Penal Code about this charge can help you feel more confident about moving through the legal system in California.
What does the Prosecution Have to Prove for a PC 422 Conviction?
The prosecution has to establish that someone threatened another person with harm or acts of violence to seek a PC 422 conviction. Individuals may make criminal threats:
- Through an electronic communication device
- In written form
- Through a fax machine
- Orally
The court should only convict an individual for making specific threats. Individuals who violate PC 422 threaten to cause someone else great bodily injury or to kill them.
What Qualifies as a Criminal Threat in California?
A criminal threat must make the victim fear for their safety or the safety of their immediate family. Finally, individuals are only guilty of criminal threats if a reasonable person is frightened by what they say. Individuals could be convicted under PC 422 even if they did not plan to harm or kill another person.
Merely believably threatening another person can lead to a conviction under PC 422. When faced with a charge of criminal threats, be sure to speak with an experienced Los Angeles criminal defense lawyer as soon as possible.
The sooner you secure legal representation, the more time the lawyer will have to build a defense to the charges on your behalf.
For a free legal consultation with a criminal threats lawyer serving California, call (310) 896-2723
What Are the Penalties for a PC 422 Conviction?
The court system in Los Angeles can charge individuals with a misdemeanor or a felony under California Penal Code Section 422: Criminal Threats. Individuals convicted of a misdemeanor may face up to a year of jail time.
A felony conviction for making criminal threats can lead to a four-year prison sentence. Individuals who use a weapon while making a threat may have one year added to their sentence.
The prosecution decides whether to use misdemeanor or felony charges based on factors like an individual’s criminal history and the specific facts of the current charges. Criminal defense lawyers can provide more information.
Can Other Charges Increase These Penalties?
Note that the court may increase any legal penalties if an individual faces additional charges for criminal acts tied to PC 422. In some cases, individuals may make criminal threats that involve:
- California Penal Code §243(e)(1): Domestic Violence
- California Penal Code §417: Brandishing a Weapon or a Firearm
Individuals can get professional help after an arrest for making an alleged threat in California.
California Criminal Threats Lawyer Near Me (310) 896-2723
Lawyers Can Defend Against PC 422 Charges
Individuals accused of making criminal threats can contact a criminal defense attorney for help. A professional lawyer can assess the facts surrounding any PC 422 charge. Depending on your specific situation, your lawyer could build a case by showing the threat:
- Would not cause a reasonable person to fear
- Was ambiguous and too vague to cause reasonable fear
- Did not result in an immediate risk of bodily injury
- Did not frighten the victim
These defenses can be difficult to build on your own. Contacting a criminal defense lawyer immediately after a PC 422 charge can increase your odds of beating accusations related to criminal threats. You can review common defenses now.
What if Someone Faces False Allegations?
Sometimes, individuals in California falsely accuse another person of making threats involving the prospect of bodily injury. An attorney can push back against false charges, protecting clients from lies that could result in severe penalties.
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How do Lawyers Handle PC 422 Accusations?
An attorney can focus on several methods to resolve California Penal Code Section 422: Criminal Threats accusations. Lawyers vary their strategies based on the unique needs of each client and often strive to establish reasonable doubt after an arrest.
A law firm may take steps to:
Get PC 422 Charges Dismissed
The court can dismiss PC 422 accusations if a lawyer shows that the prosecution has insufficient evidence to secure a conviction. The court may also dismiss criminal charges if a lawyer shows that the police violated an individual’s rights during an arrest.
Individuals face no penalties if the court dismisses their charges.
Get PC 422 Charges Reduced
In some cases, criminal defense attorneys focus on reducing a client’s criminal threat charges. Typically, this involves accepting a plea bargain from the prosecution. These deals require an individual to plead guilty to a less severe charge in exchange for reduced penalties.
Fight PC 422 Charges in Court
An attorney can also fight misdemeanor or felony criminal charges in the court system. An attorney can present evidence, question witnesses, and represent a client in front of a judge and jury, pressing for a not-guilty verdict.
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How Can a Lawyer Help After a PC 422 Arrest?
An attorney can help with all legal challenges faced after a California Penal Code Section 422: Criminal Threats arrest. Working with a lawyer ensures an individual has help with:
Legal Questioning
The police and prosecution will question individuals after an arrest, trying to collect evidence to secure a conviction. Fortunately, you can get legal help handling these interviews by hiring a lawyer to protect your best interests and civil rights.
The Arraignment Hearing
Lawyers can assist during an arraignment hearing for PC 422 charges. During this hearing, the court will explain the specific charges an individual faces, and people will have a chance to enter a plea of guilty, not guilty, or no contest.
A Bail Hearing
Some individuals facing criminal threat charges will have a bail hearing. Bail represents money paid to the court to stay out of jail before a criminal trial. A lawyer can push the court to issue a lower bail amount, making it easier to avoid jail time.
Building a Legal Defense
Attorneys focus on developing a valid defense for clients facing criminal threats charges. They can establish reasonable doubt and protect the future of their clients.
Examples of Criminal Threats
Some people are unsure precisely what qualifies as a criminal threat in California. Check out these examples to strengthen your understanding of PC 422:
- A man and a woman recently broke up. The man calls the woman and tells her he will use the key to her apartment to get in and beat her severely while she is sleeping. She knows he has a temper, and the threat he makes is very specific. She is reasonably afraid for her well-being and panics. He could face charges under PC 422.
- A man loses his job. He feels his boss mistreated him. In a rage, he sends a letter promising to wait in the parking lot to kill his former employer. His employer believes the letter and begins fearing for his life. The man has made a criminal threat.
- A woman finds out her boyfriend is cheating on her. She tracks the other woman online and sends her a furious e-mail, making vague threats to blow off steam. The other woman does not believe she is in danger and laughs the entire thing off. Therefore, this is not an example of making a criminal threat.
Criminal threats can happen in many different ways. Let a criminal defense lawyer review your case today to determine if the charges against you hold any merit.
You Can Get Professional Legal Help After a PC 422 Arrest
Individuals accused under California Penal Code Section 422: Criminal Threats can face misdemeanor or felony charges. Do not risk your future by trying to handle a criminal threat accusation alone.
The legal professionals at the Simmrin Law Group can help you build a defense and protect your future. You can contact us for a free consultation by calling our office or completing our online contact form.
Call or text (310) 896-2723 or complete a Free Case Evaluation form