Criminal Threats

Heated arguments can escalate fast and end in people issuing threats. The same is experienced when a victim of a situation conveys a threat as a warning to another to deter him/her from attempting to cause further harm to the victim. While ordinarily, the threats seem innocent and innocuous, you likely face criminal charges should the DA determine the threats as credible. Under California law, a threat is a criminal offense when the threat refers to killing or inflicting great bodily injury on another or the victim’s loved ones. A conviction does result in time in jail or, worse, significant time in prison. It is thus best if you engage a defense attorney to fight off the charges. Call the California Criminal Lawyer Group if you face criminal threat charges in Santa Ana. We are ready to help.

Criminal Threats and Domestic Violence

Domestic violence is a troubling challenge facing many in the country. The number of reported cases escalated during the COVID-19 lockdown. Unfortunately, some of the domestic violence cases ended in fatalities. That is why prosecutors are under pressure to prosecute and seek convictions of persons accused of criminal threats.

You can issue a threat in the heat of an argument or angrily convey a message to a spouse, domestic partner, a child, or an elder. While you may not have intended to do so, this action is enough to result in criminal liability under California law. Here is a look at what amounts to criminal threats under California law.

Additionally, if the criminal threat relates to domestic violence, the potential victims include:

• A current or ex intimate partner, including a romantic partner, spouse, cohabitant and
• A child or elderly person

Criminal Threats Under California Law

Any individual who deliberately threatens to commit an offense likely to result in death or great bodily injury to another, with the specific intent communicated verbally, through an electronic communication device, or in writing, and that the threat creates reasonable and sustained fear to the victim is guilty of violating PC 422.

The DA must prove six elements from PC 422’s definition of criminal threats. The jury will find you guilty if the DA proves the following as established.

• You intentionally threatened to kill or inflict great bodily harm to another
• You communicated the threats orally, through an electronic communication device, or in writing
• You intended for your statements to be understood as a threat and be passed on to the victim
• The threat was immediate, unconditional, specific, and clear that it presented a serious intention of carrying out the threat
• The threat caused the victim to fear for his/her life and safety, including that of his/her immediate family
• The victim’s fear was reasonable given the circumstances

Threats need not be communicated directly to the victim for it to amount to a PC 422 violation. You can direct a third party to carry out the threat. The People V. Lipsett in 2014 set this precedent. In this case, Lipsett was in a fight with the victim over a dirt bike. The victim claimed Lipsett was trying to steal the bike. In the scuffle, Lipsett shouted to his companion to shoot the victim.

Lipsett’s instructions to his companion amounted to a criminal threat, a violation of PC 422. His statement, “Shoot him,” aimed at communicating a threat.

A detailed look at the above elements will help explain the offense.

Killing or Inflicting Serious Physical Harm to Another

Threats that meet PC 422’s threshold are limited to those that, if actualized, can result in the death or great bodily injury to the victim.

Great bodily injury refers to significant physical injuries, including concussions, broken bones, contusions, gunshot wounds, and third-degree burns.

Also, note that you will be prosecuted for a PC 422 violation if you threaten a group of individuals, for example, threatening a spouse and his/her family.

Criminal Threat Communication

The manner you communicate the threat is as material as the threat itself. Defendants must have conveyed the threat orally, electronically, or written it down.

Note: Many offenders assume that communicating threats electronically via computers or phones should be taken lightly, especially over long distances. The assumption here is that the distance is an indication that you cannot carry out the threat. However, some individuals have actualized the threats communicated over long distances. This is why threats that cause another to fear for his/her life or that of his/her immediate family could result in a conviction.

In the People V. Lipsett case, you can deliver a threat through a third party.

For example, James finds out Sarah, his romantic partner, is flirting with Jim. He goes to confront Sarah and finds her roommate, Audrey. Peter tells Audrey to let Sarah know he will break her fingers if she continues flirting with Jim.

James is likely to face criminal prosecution for threatening Sarah.

Fear

Criminal threats must invoke fear. The fear can be actual, reasonable, or sustained. The three categories of fear demonstrate the victim’s fear.

1. Actual Fear

Actual fear means that the victim took the threat seriously and believed that he/she or his/her family was in danger. Prosecutors rely on the victim’s actions following the threat to demonstrate fear.

For example, if the victim took security measures like acquiring a firearm or installing CCTV cameras around his/her home or office, the fear was actual. If the alleged victim laughed the threat off or dismissed it, the threat was not serious. Therefore, the fear was not real.

PC 422 requires that the victim believe the threat to be credible and fearful of its execution. Messages conveyed to alleged victims do not amount to criminal threats if the victim is not scared. However, if the victim feared for his/her life or their family’s safety, it is critical to determine if the fear was reasonable.

1. Reasonable Fear

Threats should be realistic and have the present ability to be actualized.

Under realistic threats, what is critical is the possibility of actualizing the threat.

Take a disgruntled ex-husband who threatens to launch a missile on an ex-spouse’s house in retaliation for losing custody of his child. This threat is easily dismissable as unreasonable.

Consider the next example: An individual threatening another with the use of a knife when one hand is in the inside pocket of his jacket. It is not immediately clear if the defendant had the knife or not. The victim’s fear, in this case, is reasonable because the defendant had the present ability to carry out the threat. Even if the defendant did not have a knife, his threat was believable.

1. Sustained Fear

Sustained fear is best addressed by showing the victim’s state of mind. A victim’s fear is only sustained if it extends beyond fleeting, momentary, or transitory states.

Sustained fear cannot be quantified using a timeframe. Further, there is no objective standard to determine sustained fear. The matter is left to the jury, given the evidence, to determine whether the fear meets the ‘beyond fleeting, momentary, or transitory state’ threshold.

Conditional and Empty Threats

PC 422 is specific: threats should be unconditional, unequivocal, and detailed enough to convey to the victim the sincerity of the intent and the possibility of immediate execution. However, the court could consider conditional or empty threats despite the law’s threshold.

1. Conditional Threats

Courts examine conditional threats contextually. The standard remains that the threatened party should understand the threat as intentional. That means the threatened party does not doubt that threat will be actualized given a chance.

For example, a man threatens to kill an ex-spouse if she does not return to him.

In most cases, conditional threats feature where another threatens the victim to comply with their demands. Thus, the party issuing the threat does not have to carry out the threat if the victim complies with the directives.

Conditional threats predominantly feature in blackmail or extortion scenarios. Thus, prosecutors could also charge you with extortion.

Empty Threats

Empty threats lack the intention to execute the threat. The threat is devoid of meaning or worth. Further, the defendant never intended to carry out the threat. Threatening parties employ threats to scare another, while the party issuing the threat does not plan to actualize the threat.

Whether the threat intended to carry out the threat is inconsequential. Of concern is whether the victim perceived the threat as genuine and credible.

Defenses Available in a Criminal Threat Case

Prosecutors bear the burden of proof. They must prove their case beyond a reasonable doubt to secure your conviction. Failing to meet this standard creates a window to challenge the case through ideal defense strategies.

Common defenses attorneys use to challenge criminal threat charges include:

The Threat Was Ambiguous or Vague

Specificity does not necessarily mean a threat should detail when the perpetrator will actualize the threat or how the party issuing it will carry it out. However, the threat's circumstances can be relied upon to meet PC 422’s threat threshold as being unequivocal, specific, and with an immediate possibility of execution.

If the surrounding circumstances do not establish specificity, unequivocality, or the immediate possibility of execution, the threat is vague or ambiguous. A vague or ambiguous threat is a valid defense.

For example, Melinda and Brooklyn are ex-dating partners. Both work in the same company. On one occasion, they work on research together. Brooklyn submits the findings to their boss, takes credit for the job, and receives a promotion. Upset with the turn of events, Melinda walks up to Brooklyn and says, “I’m gonna get you.”

This threat is vague as it lacks the possibility of execution. Further, there is no history of exchanges between Melinda and Brooklyn that would support the argument that Brooklyn believed the threat to be actual or reasonable.

The Threat Was Not Immediate

Threats should be specific, unconditional, unequivocal, and with an immediate possibility of execution.

The immediate prospect of commission does not necessarily imply the threat is executable at that moment. The offender can execute it later. Of concern is whether the victim understood that they should comply with the party issuing the threat’s demands. Further, failure to comply will lead the party issuing the threat to execute the threat.

From the above, it is evident that the question of immediate threats is subjective. An experienced attorney will challenge the prosecution’s submission that the threat is immediate by arguing there was no sense of whether the threat was to be carried out.

The Alleged Victim Was Not Afraid

It is easy to prove the alleged victim was not afraid. If the alleged victim dismissed the threats or perceived them as a joke, they did not fear and recall that fear is pivotal in proving your guilt. Therefore, your case is easily dismissible for lack of fear.

You are a Victim of False Allegations

Since prosecutors rely on your accuser’s testimony or another eye-witness, they can falsely accuse you in anger to settle a perceived wrong out of spite or jealousy. It is especially true in cases dealing with verbal threats that lack physical evidence.

False accusations are not new, and the California Criminal Lawyer Group has experienced attorneys and private investigators who understand how to unearth false allegations, thus proving your innocence in the matter.

Your Accuser’s Fear Was Unreasonable

The jury will only find you guilty if the fear is reasonable and actual. If the alleged victim does not feel threatened, or if they do, the fear is unreasonable, you are not guilty of a PC 422 violation. Your attorney will demonstrate that the fear was irrational. Thus the threat does not rise to the level detailed under PC 422.

The Fear Was Not Sustained

Some threats are short-lived. They are fleeting or momentary. Therefore, they do not cause prolonged concern. Should the fear be prolonged, then it is unreasonable. If your attorney establishes these circumstances in your case, he/she will argue that your accuser’s fear is not reasonably sustainable and is an overreaction.

Protected Free Speech

Mere utterances, violent addresses, or words that should be understood as hyperbole are protected as free speech. This protection extends to politically motivated threats or threats conveyed to your therapist during sessions.

The law seeks to punish individuals who deliberately seek to instill fear in others for their gain, not individuals who engage in utterances or talk that is otherwise regrettable or an avenue to vent or air out their frustrations.

For example, Charlotte has sessions with her therapist. In one of the sessions, she details her frustrations with her husband’s inattention and emotional disregard. Further, she feels like killing the husband to end it all in some moments.

Should these threats be perceived as genuine enough to warrant charges under PC 422?

No, they are not. Charlotte’s threats are protected free speech since they are communicated in a therapy session and only meant for the therapist. Even if the therapist told Charlotte’s husband, the prosecution would not have a case against Charlotte. However, if Charlotte directed the therapist to convey the threats to her husband, the DA would have grounds to seek a conviction following the precedent set in People V. Lipsett.

You Did Not Threaten the Alleged Victim

It is possible to face PC 422 violation charges when you did not threaten another. Prosecutors must prove that you did threaten another beyond a reasonable doubt. Your attorney can introduce evidence that proves you did not do it. By presenting character witnesses, their testimony will support the argument that the accusation does not align with your character. Thus, you did not issue the threat.

The no threat defense differs from false allegations. Under this defense strategy, you did not issue a threat, whereas, under the false allegations, a threat was conveyed by another and not you.

Penalties for a PC 422 Violation

Convictions for criminal threats result in significant penalties. You are looking at time in jail or prison, a record that could adversely impact your economic and social life post-incarceration. Additionally, a judge could also impose a fine.

Criminal threats are wobblers. The DA pursues misdemeanor or felony charges. They will consider the circumstances in your case and your criminal history to decide what charges to pursue.

If convicted on misdemeanor charges, you will face up to one year in jail and part with $1,000 in fines. Felony convictions result in harsher penalties. If convicted, you will spend up to three years in prison (as opposed to jail) and part with up to $10,000 in fines.

Should you use a dangerous weapon to communicate your threat, you are looking at one more year added to your sentence, which you will serve consecutively.

Note: Penalties are issued per threat. Therefore, if you convey threats against multiple people on more than one occasion or pursuant to different objectives, you could face penalties for each offense.

Further, a felony conviction is a strikeable offense per California’s Three Strikes Law. You will earn the first strike if convicted on felony charges as a first offense. Any subsequent strikeable felony convictions increase your penalties significantly.

Your penalties double if convicted of threatening another as a second strike offense. Therefore, you could face up to six years in prison. On the other hand, a third strike could result in 25 years to life in prison.

Additional Consequences When Convicted of a PC 422 Violation

Time behind bars and fines are not the only consequences you will face when convicted. A guilty verdict also has adverse implications on your profession and immigration status.

Criminal threats feature in the list of offenses deemed as reprehensible. Thus, a conviction potentially results in professional discipline, which means losing your license. Further, for non-citizens, a guilty verdict means being deported to your country of origin and being denied re-entry to the US.

Offenses Related to Criminal Threats

The following offenses are related to criminal threats, and prosecutors could charge you for the violations alongside the criminal threat charges. The crimes are:

1. Domestic Violence

You will face domestic violence charges when you threaten:

• A current or ex intimate partner, including a romantic partner, spouse, cohabitant and
• A child or an elderly individual

It is an offense to threaten harm (or cause injury) to the individuals mentioned above.

Note: You can face charges for domestic violence even if the alleged victim suffered no harm or there was no intent to inflict said harm.

Prosecutors introduce domestic violence charges in two scenarios.

• When you threaten an intimate partner with violence and
• When you inflict bodily harm on the victim after threatening your partner with violence

You will face varying penalties depending on the law you violated.

• Domestic battery PC 243(e)(1) — The offense is punishable by a jail sentence of up to one year and a fine not exceeding $2,000.
• Injuring a spouse or an inhabitant violates PC 273.5 — Punishable by one year in jail for a misdemeanor offense and up to four years in prison if convicted for a felony violation.
• Child abuse PC 273d — If convicted of child abuse, you will be sent to jail to serve a one-year sentence for a misdemeanor violation or up to four years in prison for a felony violation. You will also part with fines of up to $6,000 upon conviction.
• Elder abuse, Penal Code 368 — It is a crime to abuse or inflict physical or emotional distress on an individual above 65 years. Threatening the elder also counts as a crime. Should you be convicted on misdemeanor charges, you could spend up to one year in jail or four years in prison for a felony charge.

1. Extortion, a PC 518 Violation

Using force or threats to gain an undue advantage or coercing another to comply with your demands is a crime punishable under PC 518. This violation is also referred to as blackmail.

Extortion is a felony offense punishable by incineration of up to four years with a penalty of up to $10,000 upon conviction.

Find an Experienced Santa Ana Criminal Attorney Near Me

The risks of a conviction bear emphasizing. It is in your best interest to hire experienced legal assistance to help defend you in a criminal threat case. An experienced attorney aims at achieving the best legal outcome either through plea deal negotiations or in a trial. He/she will present a fair assessment of your case and advise you on whether to plead out or fight the charges at trial.

At California Criminal Lawyer Group, we provide individuals facing criminal threat charges in Santa Ana, CA, with the best legal assistance. Contact our team today at 714-844-4151 for help.