Here are some examples of acts that could be considered violence, violence or threats: A perpetrator is not obliged to threaten the victim of a specific crime. Any action that threatens to cause serious bodily harm is sufficient. The threat must be communicated orally, in writing or electronically. Gestures and body language without oral, written or electronic statements are inadequate. Paragraph 2. For the purposes of this chapter, a credible threat of force is a deliberate and intentional speech or behaviour that serves no legitimate purpose and that causes a reasonable person to fear for his or her safety or immediate family. The California Penal Code § 422 PC defines a “criminal threat” as defined in California criminal law. Section 422 makes it a criminal offence to threaten another person with immediate harm with intent to create a well-founded apprehension. A person can be convicted of this offence even if he or she does not actually intend to commit it. The crime of criminal threats, which is classified as a domestic violence offense, can be committed orally, in writing, or through an electronic communication application such as email, SMS, or social media. The criminal threat is a flawed crime, which means that it can be charged with a felony or misdemeanor. It is up to the prosecutor`s office to decide what kind of charges will be laid. The particular circumstances of your case and your criminal record are factors that determine the seriousness of the charges against you.

Never assume that you can drop the charges by “explaining the situation” to the police. Even worse, don`t try to contact the person(s) you accuse of making a criminal threat to try to deter them or “de-escalate” the situation. It is very likely that you will only make the whole situation worse and inadvertently provide additional information or evidence that the police can use against you. Five elements must be present in any threat of violence you make against another person to be charged with a crime: If you are convicted of a misdemeanor or criminal threat, the penalty is up to one year in prison and fines of up to $1,000. A criminal conviction for criminal threat carries a penalty of up to three years in state prison and fines of up to $10,000. If you have been charged with making a criminal threat against someone else, you should speak immediately to a defence lawyer experienced in criminal law. Even if you think the allegations are completely ridiculous and that everything you said and/or did was completely taken out of context, you should still consult a lawyer. A defendant must place the victim in a well-founded fear. The victim must have been genuinely anxious, this fear must have been reasonable, and the fear must have been sustained rather than temporary. According to article 422, the threat must be “so clear, unconditional, immediate and precise as to reveal to the threatened person the gravity of his intention and an imminent prospect of execution …” Nevertheless, conditional threats can legally be considered a real threat if their context reasonably indicates to the victim that they are intended. For example, you can go to a bar, get drunk and argue with another customer where you threaten to “kick his ass”. Depending on the other person`s level of bullying, they may view your threat as rude, but ultimately harmless.

For the purposes of obtaining this protection order, an act of violence, violence or threat means any act involving violence, violence or threat; and As a California criminal attorney with over 40 years of courtroom experience, John Patrick Dolan has handled everything from speeding tickets to murders that carry the death penalty. Mr. Dolan is a recognized specialist in criminal law for the California State Bar and a true veteran of domestic violence cases. Call us today at (760) 775-3739 or learn more online here. “Violence, violence or threat” means any act involving violence, violence or threat that results in bodily harm or a well-founded fear of death, sexual assault or assault. Such an act includes, but is not limited to, any forced detention, harassment, criminal sexual assault in violation of section 7 (§ 18.2-61 et seq.) of chapter 4 of title 18.2 or any offence that results in bodily harm or gives reasonable fear of death, sexual assault or bodily harm. “Criminal threats” are a “waver,” meaning prosecutors can charge the offense with a misdemeanor or felony, depending on the circumstances of the offense and the defendant`s criminal record. Anyone charged with criminal threats faces up to three years in prison and a criminal record strike under California`s Three Strikes Act. However, if you make the same threat by brandishing a firearm (knife, pistol, bottle, etc.), it could be considered a criminal threat and arrest you. This scenario would likely meet all of the criteria listed above and could lead to a conviction. For a free consultation on your case, please contact our office today. To be held criminally responsible for an offence under section 422, the following four elements must be demonstrated:.