Physical violence and assault are crimes in California, but you don’t need to touch or make contact with someone to be charged with a crime. Verbal threats can also be considered criminal behavior.

Understanding Criminal Threats in California

A criminal threat is the purposeful expression of the intent to injure or kill someone else. Threatening to harm another person is against the law, and you may be charged with a crime even if you are unable to follow through on the threat or if you never intended to act upon your words.

Key Components of a Criminal Threat According to California Law

According to California law, criminal threats can be verbal, written, or communicated electronically. There are a few key elements of a threat:

  • The person making the threat must have intended for the communication to be a threat.

  • The threat must convey to the other person that there is the potential to follow through on the threat.

  • The threat must be one that would cause a reasonable person to fear for their safety or the safety of their family.

The language used in California Penal Code 422 also suggests that a threat must be unequivocal, unconditional, immediate, and specific. However, courts have established case law regarding conditional threats and empty threats.

Conditional threats are those that include an element like “when” or “if.” For example, threatening to kill someone if they don’t pay back the money they owe is a conditional threat. According to case law, these types of threats can be considered criminal if they convey reasonable intention. Courts have held that most threats are conditional because they are meant to persuade a particular action or behavior in the hopes the threat won’t have to be carried out.

A threat may be an empty threat if the person making the statement does not intend to follow through with the harmful action. These are used as a scare tactic in many situations. Whether the person making the threat intended to follow through with the action is irrelevant. As long as the person being threatened reasonably believes the threat would lead to harm, it is considered a criminal threat in California.

Consequences of Threatening Your Spouse or Partner

Threatening your spouse or significant other is also a crime under Penal Code 422. In addition, threats may also be considered domestic violence because the legal definition of abuse includes placing a spouse, partner, or other qualifying individual in reasonable fear of bodily harm. If charged with domestic battery for making threats to your spouse or significant other, the penalties include up to one year in jail and a fine of up to $2,000.

Threats to Coworkers and Employers

There are also ramifications of threatening employers or colleagues post-termination or while employed. Any dispute that includes making threatening statements or sending threats via email could result in being charged under Penal Code 422.

Criminal Threats in the Context of Cyberbullying

Because criminal threats include electronic communication, cyberbullying can be considered a crime under this Code section. In California, cyberbullying may also be treated separately under different laws, such as Penal Code 528 or 646, depending on the circumstances of the online behavior.

Electronic communications that could be classified as criminal threats include messages sent via:

  • Land-line telephone or cell phone

  • Computer

  • Email

  • Fax

  • Text

  • Online messaging

Legal Ramifications Under California Statutes

Criminal threats are known as wobblers in California, which means they can be charged as either misdemeanors or felonies. The circumstances of the crime will dictate how the threat is charged.

If a misdemeanor, the penalty may include a maximum of one year in jail and $1,000 in fines. If a felony, the maximum penalty is up to four years in prison and as much as $10,000 in fines.

Potential Defenses for Individuals Accused Under PC 422

It’s recommended to have an experienced criminal defense lawyer represent you in your criminal threat charge. Your attorney can build a solid defensive strategy, which could increase your chances of a favorable outcome or decreased penalties.

It may be possible to argue that the threat was too vague or ambiguous to cause immediate fear. In the context of criminal threat allegations, there need not be the potential for immediate action to be taken on the threat but there must be an immediate fear that the threat will come to fruition at some future time.

If the victim was not actually afraid because of the threat, then the elements of Penal Code 422 are not met. Your defense attorney may be able to show that the person who was threatened was never in a state of fear because of your words.

Similarly, it is also not a criminal threat if a reasonable person would not be afraid because of the threat you made. Just because one person felt fear does not mean that the fear was reasonable, so relying on that reasonability factor can be a strong defensive strategy.

The United States has strong protections for free speech, which can also be used as a defensive approach to a criminal threats charge. It may be possible to argue that your communication was covered under the Constitutional right to free speech.

In some situations, you and your defense attorney can contest the charges based on false accusations. If the other person has falsely accused you of making threats, you are not guilty of criminal threats under Penal Code 422.

Sheny Gutierrez has been defending clients in California for over 15 years. For help with your criminal threats case, contact The Law Office of Sheny Gutierrez to schedule your free consultation.