Criminal Threats PC 422
Criminal Threats PC 422. The legal definition of a criminal threat is putting someone in fear. When you threaten a person to kill or harm them and the following happens. The person is reasonably afraid for his/her safety or for the safety of his/her family. The threat was specific and has only one interpretation. And that you gave him/her that threat verbally, through a written document, or through electronic communications. Then criminal threat is created. Its important to know that although you did make a criminal threat, you don’t have to carry out the threat. You can still be charged with criminal threat. Even if you intentionally did not intend to commit the threat in the first place. Some examples of criminal threats include threatening to shoot someone while holding a gun. Calling your ex and telling him/her to watch their back. Or going to your ex’s new boyfriend/girlfriend and telling them that you’re going to to set their house on fire. Its important to note that since this relies a lot on the idea of fear, the fear must be real, reasonable, and sustained. A moment of fear does not count.
Punishments for Criminal Threats
Criminal threats are considered a wobbler. This means that it can be charged as either a misdemeanor or a felony. This mainly depends on the facts of the case and your criminal history. As a misdemeanor you could see up to a year in jail and up to a $1,000 fine. As a felony you could face up to 4 years in prison with up to a $10,000 fine.. If you held a weapon such as a knife or a gun while making the threat then the sentence is increased a year. However the penalty adds up as you could face the same penalties for each person you threatened. Criminal threats also adds a strike on your record. However this also means that if you do serve your sentence, you have to serve 85% of it before you can get a release.
If you were charged with criminal threats its important to know the technicalities of the crime. Make sure to talk to an attorney for any questions.