Orange County Criminal Threats Attorney
CALIFORNIA PENAL CODE 422
In California, when you threaten to kill or physically harm someone, it may be a crime. Making “criminal threats” can be charged against you as a misdemeanor or as a felony under California Penal Code 422. Specifically, the crime is making a threat to kill or injure someone, unequivocally and with enough specificity that the person receiving the threat is put in a state of reasonably “sustained fear” for his immediate safety or that of his or her family. The threat can be verbal, written, or sent electronically. The message must be intended as a threat, even if there is no intention to actually carry it out. The law requires “an immediate prospect of execution of the threat” for the threat to be a crime. If you’re accused in southern California of making criminal threats, speak immediately experienced, Orange County criminal threats attorney, Simon Budhwani, Esq.
The crime of making a criminal threat may be prosecuted as a misdemeanor or as a felony. If you are convicted of the misdemeanor, you face up to a year in jail. If you are convicted of the felony, you face up to four years in the California state prison. Using or brandishing a dangerous or deadly weapon while making the threat will increase your sentence by a year. Vague, casual threats are not considered “criminal” threats. Get help from an experienced Orange County criminal threats attorney today. You cannot be convicted of making a criminal threat if:
– the threat was non-specific, vague, or ambiguous
– the recipient’s fear was only momentary
– the recipient could not reasonably fear for his or her safety or wasn’t in actual fear
– you only made a threatening gesture
– there was no threat and you have been falsely accused
HELP WHEN YOU’VE BEEN ACCUSED
You may have thoughtlessly said some words you didn’t mean, or you may be the victim of an entirely false accusation, but if you are charged with making criminal threats in southern California, obtain legal representation at once and call, Orange County criminal threats attorney, Simon Budhwani, Esq. immediately at 714-249-2788 or email us today at: email@example.com.