Depending on the context of a conversation, there are times when threats are illegal. If you were speaking with a family member or friend and threatened to strangle them out of frustration, you may not be held accountable for issuing a criminal threat.
However, when you threaten someone with physical harm with malicious intent, that can be classified as a criminal threat. A true threat refers to a statement or expression that instills a genuine fear of bodily harm or death in its recipient.
In legal terms, determining whether a statement constitutes a true threat involves examining several key factors. If you’ve been accused of threatening someone, you can speak to a Los Angeles criminal defense lawyer to learn more. Let’s take a closer look at whether threats are illegal and when they can land you in legal hot water.
What Constitutes a Criminal Threat?
In our society, laws protect individuals from harm, intimidation, and fear for their safety or well-being. One area where the law takes a firm stance is regarding making threats against others. While freedom of speech is a cherished right, it does not extend to statements or actions that constitute a credible threat of violence or harm.
Not all angry words are illegal. The law focuses on threats that create a genuine sense of fear for someone’s safety. Here’s a breakdown to help you understand what might be considered a criminal threat:
Credible and Serious
A threat must be believable and communicate a real intention to cause harm. Someone saying, “I’ll get even!” in a heated argument might not be taken seriously. However, a direct statement like “I’m going to hurt you” could be a criminal threat.
Actual Intent vs. Feeling Threatened
The law considers what the person making the threat actually meant rather than just how the recipient interprets it. Someone might blurt out something threatening in the heat of the moment without meaning it.
Words Can Be Actions
Threats don’t have to involve physical contact. Verbal threats can be just as serious if they cause someone to fear for their safety. For instance, verbal abuse can fall under domestic violence. This is sometimes called “Assault by Threat.”
If you’re unsure whether a statement might be considered a criminal threat, it’s always best to err on the side of caution. Talking to a lawyer can help you understand the specific situation and your options.
What Threats Are Illegal?
It’s important to understand that not all angry words are considered criminal threats. The law focuses on statements that create a genuine fear for someone’s safety or well-being. Here are some examples to help you understand the difference:
- Direct Threats: A clear and direct statement like “I’m going to beat you up” or “I’m going to come to your house and cause trouble” would likely be considered a criminal threat.
- Threats of Violence: Any statement that communicates a serious intent to cause physical harm, like “I’m going to make you pay” or “You’ll regret messing with me,” could be a threat.
- Threats with Weapons: Mentioning weapons in a threat significantly increases its seriousness. Saying things like “I’ll get my gun” or “I’ll stab you” can be very dangerous. These are threats that can be considered illegal.
- Conditional Threats: Threats that hinge on someone’s actions can also be criminal. For instance, saying, “If you tell anyone, I’ll hurt you,” is a threat because it creates fear of harm based on a specific condition.
- Repeated Threats: Even if a single statement might not seem serious, repeatedly making threats or harassing someone with threatening language can be illegal.
Remember, this is just a general overview, and the specific laws regarding threats can vary by location. Talk to a Los Angeles violent crimes lawyer to understand the specific situation and your options.
For a free legal consultation, call (310) 896-2723
Legal Difference Between Threat and Bodily Harm
The line between a threat and actual bodily harm can sometimes feel blurry. This information is for educational purposes only and should not be a substitute for professional legal advice. Here’s a breakdown to help you understand the key differences:
- Threat vs. Action: A threat is a statement about future violence or harm. Bodily harm is the actual act of causing physical injury to another person.
- Fear vs. Injury: Threats are about creating fear for someone’s safety. Bodily harm involves actual physical injury, like a bruise, cut, or broken bone.
- Assault by Threat: There is a situation where a threat can be considered a crime. “Assault by Threat” happens when a threat is so serious and believable that it puts someone in reasonable fear of harm, even if no physical contact occurs.
If you’re ever unsure about the legality of a threat, it’s always best to err on the side of caution. Talking to a lawyer can help you understand the specific situation and your options.
Legal Consequences of Threatening Someone
Making illegal threats can have serious legal consequences. Here’s a breakdown of some potential outcomes:
- Criminal Charges: Depending on the severity of the threat and the context in which it was made, you could face criminal charges ranging from misdemeanors to felonies. These charges can carry penalties like jail time, fines, and a criminal record.
- Potential for Additional Crimes: Threats can sometimes be linked to other crimes, such as stalking or domestic violence. This can lead to additional charges and harsher penalties.
Criminal Charges that Can Result from Making Threats
The specific charges you might face will depend on the circumstances of the threat. Here are some common examples:
- Assault by Threat: This is a criminal offense that involves making a serious threat that puts someone in fear of harm.
- Terroristic Threats: This is a more serious charge that involves threatening to cause violence or property damage to a larger group of people or a public place.
- Harassment: Repeatedly making threats or using threatening language can be considered harassment, a criminal offense.
Defenses that Can be Used in a Criminal Threat Offense
You are not automatically guilty of a criminal threat offense just because you have been charged. You have the opportunity to use several defenses that can cause jurors to question whether you are guilty of issuing the criminal threat. Some of the common defenses used against criminal threat offenses include:
The Threat Was Not Specific Enough
California law requires criminal threats to be very specific and express that immediate harm will occur. If the alleged threat is too vague and does not specifically state when the threat will be carried out, it may not be classified as a criminal threat.
The Fear Felt by the Victim Was Not Reasonable
The fear associated with the criminal threat must be a fear that a reasonable person would experience if they were in the same predicament. If the alleged threat involves behavior that is nearly impossible to perform, the alleged threat may not be considered a criminal threat.
The Threat Was Not Made in Writing or Through Verbal Communication
If the alleged threat was made through a hand gesture, it would not be considered a criminal threat.
The Victim Is Making False Allegations
Victims who have allegedly been threatened may not have been threatened but are trying to use the courts to seek vengeance. Some people may assume that charging someone with a criminal threat is easy because there is little physical evidence to convict someone of the charge.
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Illegal Threats in California FAQs
What if You Make an Empty Threat With No Intention of Carrying It Out?
Even if you make an empty threat and have no intention of carrying it out, you can still be charged with issuing a criminal threat. Once you have intentionally placed the person you have threatened in fear of being seriously hurt or killed, the crime has been committed.
When your criminal threat meets particular elements and includes words that were used in a way that constitutes a convincing threat, you can be charged with this particular crime. Still, it is important to understand that, according to the Department of Justice, there are special considerations in proving a threat.
How Can I Be Convicted of Issuing a Criminal Threat?
To be convicted of issuing a criminal threat, the following elements must be met:
- The threat must be communicated: This element is met when a criminal threat is issued verbally or in writing. The threat must also be communicated specifically or unequivocally.
- Intention: The threat was issued with the intention and understanding that you were making a threat. It Must be proven that you intended your statements to be a threat.
- Clear and specific: The threat was so clear and specific that it communicated a serious message to the victim that the threat would be carried out. It must be established that the statement left no doubt in the victim’s minds that their safety was in jeopardy.
- Fear: The victim’s fear was reasonable, given the circumstances. It must be proven that under the same circumstances, any reasonable person would have believed the threat would be carried out and would have taken it seriously.
How Can Criminal Threats Be Charged?
Criminal threats can be classified as either a felony or a misdemeanor. While many people do not want any charges on their records, it is always best to be charged with a misdemeanor rather than a felony.
A misdemeanor charge involves minor penalties. For example, a misdemeanor charge of a criminal threat involves penalties of up to one year in jail. A felony charge of a criminal threat involves penalties that range from two to three years in prison.
Can My Penalties Be Worsened if I Am Charged With a Misdemeanor Criminal Threat Charge?
Even when your criminal threat charge is a misdemeanor, certain elements can cause your charge to become a felony or lead to harsher punishments. Some of these factors include:
- Whether you tried to carry out a threat using a deadly weapon or lead the victim to believe the same
- Whether you repeatedly harassed or threatened the victim
- Whether you threatened the victim out of bias or prejudice
- Whether you issued a threat that caused the evacuation of a government building or place of assembly like a school.
Talk to a Criminal Defense Lawyer to Understand the Legal Consequences of Threatening Someone
If you’re facing accusations of making illegal threats, it’s crucial to speak with a criminal defense lawyer as soon as possible. An attorney can advise you of your rights, explore potential defense strategies, and help you navigate the legal process.
A criminal defense lawyer can provide the legal assistance you need to avoid being charged with a criminal threat. A skilled lawyer can ensure that you avoid facing any serious legal consequences. Contact Simmrin Law Group today to understand how threats may be illegal.
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