Criminal Threats In California: PC 422
CRIMINAL THREATS
What qualifies as Criminal Threats?
Criminal Threats, as defined by PC 422 in California, is a crime when a person acts to threaten someone with great bodily harm or death when those threats are either:
Intended to create fear,
Or, actually do create a reasonable or sustained fear in that person.
What if I did not mean to carry out the threat?
Note that the statute does not require that you carry out the threat, or even intend to carry out the threat. If the above factors are met, then just the threat alone is sufficient to charge Criminal Threats. However, there are defenses to a Criminal Threats charge beyond just proving the above elements do not exist, for example if the threat was one that was vague, or a mere gesture then the argument can be made that the threat was never communicated.
What is reasonable fear?
As listed in the above elements, to convict you of Criminal Threats it must be proved that the person was actually in fear because of your threat. That means the fear must be actual, and sustained. The argument must be made that the person believed the threat was credible. For example, if you were threatening to shoot someone, the fact that you were holding a gun to that person would make that threat much more credible and believable. The court will consider the circumstances when evaluating whether the fear was reasonable.
Is Criminal Threats under PC 422 a misdemeanor or felony?
This charge is a “wobbler” meaning that it can be charged as a misdemeanor or a felony. This charge can even be a strike offense if you are convicted of it as a felony. If convicted of a strike offense in California, you will be eligible for less “good time” credit while serving your sentence. You also could be subject to life in prison upon conviction of a third strike.
WHAT ARE THE POTENTIAL PUNISHMENTS FOR CRIMINAL THREATS?
Jail or Prison Time
As a misdemeanor, Criminal Threats is punishable by up to one year of jail time; but as a felony it is potentially punishable by multiple years of prison time. If convicted of the felony as a strike, you are subject to more prison time if you have previous strikes already on your criminal record, including the potential of life in prison.
Mandatory Consequences of a Domestic Violence Conviction:
Criminal Threats is often a crime of domestic violence, so if convicted you may be subject to the mandatory conditions of a domestic violence offense. You can read more about those conditions here under “Mandatory consequences of domestic violence convictions”. Those mandatory conditions include: community service, probation, fines, domestic violence classes, a protective order, and a loss of your firearms rights.
WHAT ABOUT THE FIRST AMENDMENT?
Is the First Amendment a defense to Criminal Threats?
While the first amendment protects the freedom of speech, hate speech and threats are not covered by the protections of the First Amendment. Therefore, claiming First Amendment protection is not a defense to being charged with Criminal Threats under PC 422. The law surrounding the Freedom of Speech under the First Amendment is nuanced and specific, and typically extends to speech made in a public forum, or opinions; not dialogue between individuals which is usually where Criminal Threats are made.
