If you or someone you know is accused, investigated, or charged with making a criminal threat (formerly referred to as a “terrorist threat”) in Los Angeles, you should take the matter seriously. The consequences for a conviction can be far-reaching and permanent. In addition to potential imprisonment and fines, a conviction can result in deportation, being ineligible for certain jobs and losing the right to own a gun. If charged as a felony, it counts as a “Strike” under the California Three Strikes Law.

In a criminal threats case, there can be a very fine line between an off-hand statement made in anger or in jest and an actual criminal threat. The California Law is not straightforward and is often applied too broadly by law enforcement. Even if you were only joking when you made the threat, you can still be prosecuted. Take these charges seriously and hire an experienced criminal defense attorney to assist you with this matter. The criminal defense attorneys at Rodriguez, Lewis & Kahn have over 70 years of combined legal experience. Call us for a free consultation to discuss your legal options.

What is a Criminal Threat?

A criminal threat is a threat (indication of impending harm) of violence, threat to hurt, injure or kill others with the intent of intimidating or frightening them. In California, criminal threat offenses are often associated with domestic violence, gang and battery cases. In many juvenile cases, the threats are made through MySpace, Facebook, text messaging and other types of electronic communication or social media. In any case, the jury will weigh the evidence of the threat against the defendant’s First Amendment right to freedom of speech.

Threats can be made in writing, electronically, by phone or in person. The threat can be made against an individual, a group of individuals, a building or work place. For example:

• Threatening to bomb the criminal courthouse
• Sending an email to an abortion clinic threatening to shoot the doctor
• Spray painting “Death to Muslims” on a Muslim family’s garage
• Threatening to shoot an ex-wife’s new boyfriend.

Criminal Threats Law - California

Under California Penal Code Section 422, in order to be convicted of criminal threats the prosecutor must prove that:

• The defendant threatened to kill or inflict great bodily injury on the victim(s)
• The defendant made the threat verbally, in writing, or by electronic device
• The defendant specifically intended for his or her statements/actions to be taken as a threat
• The threat was so unequivocal, unconditional, immediate, and specific that it made the victim believe that it was an immediate possibility
• The threat caused sustained fear in the victim or his/her immediate family
• It was reasonable for the victim to be in fear.

Great bodily injury means significant or substantial physical injury. It is not minor or moderate harm. Sustained fear is defined in the law as fear for a period of time that is more than momentary, fleeting, or transitory. Under California Penal Code Section 422 criminal threats can be charged even if there is no ability or actual intent to carry out the threat. In Los Angeles, criminal threats are broadly interpreted by law enforcement and are commonly charged, regardless of whether the circumstances warrant the charge.

Penalties

In California, a criminal threat can be charged as either a misdemeanor or a felony, depending upon the seriousness of the threat, its consequences and the defendant’s criminal record. Misdemeanor penalties include up to one year in county jail, a $1,000 fine, a “stay-away” order and three years of informal probation. Felony penalties are punishable by up to three years in state prison, a $10,000 fine, a “stay-away” order and three years of formal probation or parole. A felony conviction is a “Strike” under California’s Three Strikes Law, which requires that the defendant serve at least 85% of the sentence before release from custody (jail or prison).

Defenses

The prosecutor must prove all six elements listed above. If a defense attorney can demonstrate that any of the six elements are not present then the prosecution’s case starts to fall apart and the charge will likely be dismissed. The following examples show how the prosecution may be unable to obtain a conviction:

• The threat did not involve death or great bodily injury (e.g., the defendant threatened to steal the victim’s car.)
• The threat did not cause sustained fear in the victim (e.g., in a moment of anger, the defendant threatened to pull all of the hair out of the victim, but the victim quickly realized that there was no way that the defendant would ever do such a thing.)
• Any reasonable person would not have believed that the threat would result in serious injury (e.g., the defendant threatens to cause lightening to strike the victim, or, the defendant threatens to push a competent swimmer off of the end of a dock.)
• The threat was not immediate (e.g., the defendant threatens to kill the victim at the end of the month unless he or she pays a debt.)
• The threat was made with a threatening gesture (as in pointing a hand at the victim mimicking a handgun) and not in writing, electronically, or verbally.

Additionally, problems with proving this type of crime can be a lack of witnesses or proof of the threat. In other words, it is the defendant’s word against the victim’s word. With only this evidence, it is difficult for the prosecution to prove a defendant’s guilt beyond a reasonable doubt.

Los Angeles Criminal Threats Attorneys

The key to successfully defending a criminal threats charge is understanding the accuser’s motives (often these charges are the result of jealousy or revenge), assessing the victim’s credibility and finding the “holes” in the prosecution’s case.

If you have been charged with criminal threats in California, you need a criminal defense attorney who has considerable experience defending against this type of charge. With over 70 years of combined legal experience, Rodriguez, Lewis & Kahn can defend you in various ways such as proving that the threat was not serious and was made in a moment of anger, that the threat made would not cause death or serious bodily injury, or that the defendant had no real intention of instilling fear in the alleged victim. Contact Rodriguez, Lewis & Kahn now for a free, confidential consultation and let’s discuss your legal situation and any possible defenses for your case. We are experienced criminal trial lawyers who will prepare a solid defense and are not afraid to go to trial to obtain a “Not Guilty” verdict.