Description

A person who willfully threatens to commit a crime which will result in death or great bodily injury to another person may be charged with Criminal Threats. The legal definition of a Criminal Threat is to intentionally threaten another person with immediate harm and cause sustained an reasonable fear in that individual. Threats also include any form of electronic device or media form, nor does the threat have to carried out. Examples of Criminal Threats are when a man holding up a gas station tells the customers to lay on the floor or he will kill them or a recently fired employee tells former colleagues that they should “”watch their backs”” or you text your ex-girlfriend saying you will set fire to her apartment.

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.

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