Criminal Threats Lawyer
Have You been Charged with Making Criminal Threats?
California and Federal laws can have harsh penalties for an individual charged with making criminal threats. An experienced skilled defense attorney can challenge your criminal threat charges to avoid conviction or negotiate a plea to lesson jail time.
Call Walia Law Offices to discuss your case now: 1-800-379-9330
California Criminal Threats
Criminal threats, formerly known as terrorist threats, could be charged as a misdemeanor or a felony. California Penal Code 422 states: Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
A misdemeanor criminal threats charge can have the court can impose probation (informal) with or without jail time, and fines ($200 to $2,000), and “stay-away” orders. A felony criminal threat is punishable by up to three years in state prison. Criminal threats are considered a “strike” under California “Three Strikes Law.”
Federal Criminal Threats – Terrorist Threats
Federal statutes exist defining the making of criminal threats, and those convicted of them can be made to pay a fine of $250,000 and spend five years in a federal prison.
The common legal definition of a terrorist threat consists of five elements:
- Someone willfully threatens to commit a crime that will result in death or great harm.
- The threat was made with the intent that it be taken as a threat.
- The threat is so unequivocal and specific as to convey a grave purpose and immediate prospect of execution.
- The threat actually caused fear in the victim.
- The fear caused was reasonable.
Call Ginny Walia Law Offices to represent you for charges involving criminal threats in California State and Federal Courts.