February 19, 2014

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Penal Code 422 – “Criminal Threats”

What does the prosecution look for when charging a Penal Code 422?

“Criminal Threats” Penal Code 422 PC is defined as the act of putting someone in fear. There are three requirements for this to become a criminal threat crime: First, the person must be reasonably afraid for a sustained period of time for the safety of himself or herself or the safety of his or her immediate family; Secondly, the threat must be specific and unequivocal; and lastly, the threat must be communicated either in writing, verbally, or through an electronically transmitted device. It is different from an Assault.

Penal Code 422

How is it Penal Code 422 Applied?

It is possible to be charged with “Criminal Threats” Penal Code 422 PC, even if you have not carried out the threat, did not intend to, and had no ability to do so. One example of this would be if someone were to contact his or her ex and threaten to set fire to his or her house. In this instance, communicating this even without an intent to carry out setting fire to the home would qualify as enough to charge the individual with “Criminal Threats” Penal Code 422 PC.

What are the defenses to Penal Code 422?

There are several legal defenses for this charge. These include, but are not limited to: the recipient not being afraid; the threat was ambiguous or vague; the person was only afraid momentarily; the person could not have feared for his or her safety reasonably; or there was only a threatening gesture made, with no communication through writing, electronic device, or a verbal manner. Also, the defense could be used that it was a false allegation that was made.

If you have been charged with Penal Code 422 Criminal Threats, then you need a lawyer who is on your side. You will need someone who will explain the process and assist you every step of the way. Contact Attorney Hieu Vu today to discuss your case and see if he can help you with your legal matters.