In California, the law takes threats of harm very seriously, especially if they are intended to cause fear. Criminal Threats (Penal Code § 422) covers situations where someone threatens another person with serious harm, and that threat is made in such a way that it causes the other person to fear for their safety. This charge is more than just harsh words – it can lead to severe penalties and even prison time.
This blog explains what qualifies as a criminal threat, what the law says, what penalties a person might face, and possible legal defenses. Understanding this law can help people better grasp the seriousness of what might seem like a heated moment or emotional outburst.
Contents
What Is Penal Code § 422?
California Penal Code § 422 makes it a crime to threaten to kill or physically harm someone if the threat causes that person to reasonably fear for their safety or the safety of their immediate family. The threat must be made with the intent that it is taken seriously, and it must be specific and clear. It does not matter if the person making the threat has the ability to carry it out or not.
This law applies to threats made in person, over the phone, through texts or emails, or even on social media. It also includes gestures or other non-verbal ways of communication.
Key Elements of Criminal Threats (Penal Code § 422)
To be charged under Penal Code § 422, the following elements must be present:
- A willful threat to cause serious bodily harm or death
The threat must clearly express a desire to cause injury or death, either directly or indirectly. - Intent that the statement is taken as a threat
The person must have meant their words or actions to be understood as a real threat. - The threat is specific and unequivocal
Vague or unclear statements usually do not count. The threat must be detailed enough to make someone believe it could happen. - The threat caused sustained fear
The victim must actually experience fear, and it cannot be momentary or minor. - The fear was reasonable
The fear must be one that an average person in the same situation would feel.
If even one of these elements is missing, the charge might not hold up in court.
Examples of Criminal Threats
- A man sends a text message saying, “I’m going to come over and shoot you tonight.”
- During a heated argument, someone tells another person, “You’re dead. I’ll make sure of it,” and makes a threatening motion.
- A person posts online about harming a specific coworker and tags them in the post.
In each of these examples, the threat is serious, specific, and likely to cause fear.
Penalties for Criminal Threats
Criminal threats can be charged as either a misdemeanor or a felony in California, depending on the circumstances. This is known as a “wobbler” offense.
If charged as a misdemeanor, the penalties may include:
- Up to 1 year in county jail
- Fines up to $1,000
- Possible probation
If charged as a felony, the consequences can be much more serious:
- Up to 3 years in state prison
- A “strike” under California’s Three Strikes Law
- Fines up to $10,000
- Loss of gun ownership rights
Additionally, if a weapon was used during the threat, the sentence could be increased by an additional year.
Defenses to a Criminal Threat Charge
Several defenses can be used if someone is accused of making criminal threats under Penal Code § 422. Some common defenses include:
- Lack of Intent: If the accused did not intend the words or actions to be taken as a threat, it could be a strong defense.
- No Reasonable Fear: If the alleged victim did not actually fear for their safety, or their fear was not reasonable, the case might not hold.
- False Accusations: Sometimes people are wrongly accused out of anger, jealousy, or revenge.
- Vague or Ambiguous Threats: If the statement was not specific or clear, it may not meet the requirements of the law.
Every case is different, and the outcome often depends on the evidence available and how the situation unfolded.
Impact of a Conviction
A conviction for criminal threats can affect a person’s life beyond jail time and fines. It can impact future employment, housing applications, and personal relationships. Because it can be considered a violent offense under California law, it may also affect parole and sentence credits.
Being convicted of a felony under this section means the person will carry that on their criminal record for life unless they seek a reduction or expungement, which is only possible in limited cases.
Final Thoughts
Criminal Threats (Penal Code § 422) is a serious offense under California law. A moment of anger or a poorly thought-out message can lead to lasting consequences. While the law does not punish casual arguments or vague remarks, it does respond harshly when someone communicates a real, specific threat intended to cause fear. If someone is facing such a charge, understanding the elements of the law and possible defenses is the first step in addressing the situation carefully.
By staying informed and mindful of how words can be interpreted, people can avoid actions that may lead to legal trouble. The team of David P. Shapiro Criminal Defense Attorneys protect individuals from serious emotional and physical harm. Get in touch!
