Criminal Threats | Penal Code § 422 - Griffin Law Office, APC

Description

The crime of Criminal Threats, formerly known as “”terrorist threats””, is to willfully threaten to commit a crime which will result in death or great bodily injury to another person. Whether made verbally, in writing, or by means of an electronic communication device, intent is taken as a threat, even if the threat is not actually carried out. Examples of Criminal Threats is threatening someone who owes you money that you will set fire to their house or threatening to shoot another person while you are holding a gun or promising revenge to a boss upon notice of termination.

What does the prosecutor have to prove?

1. Defendant willfully threatened to commit a crime resulting in death or great bodily injury to Victim.
2. Defendant made the threat with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, be taken as a threat.
3. Defendant may or may not have had an intent of actually carrying out the threat.
4. The threatening statement on its face, and under the circumstances in which it was made, was so unequivocal, unconditional, immediate, and specific as to convey to the Victim a gravity of purpose and an immediate prospect of execution.
5. The threatening statement caused the Victim to reasonably be in sustained fear for his or her own safety or for his or her immediate family’s safety . [Cal Crim No. 1300]

Punishment

Felony: 16months/2years/3years
With probation 0-364 days
Misdemeanor: 0-364 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	Yes
Do I lose my right to vote if convicted?	Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No

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