The jury sided with the defendant, who stated that he was angry that his tree was being trimmed without his permission.
At some point in our lives, we have all been really angry — perhaps even angry enough to yell or scream. In California, getting mad isn’t a crime. However, if you cross the line from just being hot-headed into threatening another person, you may be charged with the offense of criminal threats.
According to an experienced Orange County criminal defense lawyer in California, the crime of making a criminal threat occurs when a person threatens to kill or physically harm someone and (1) the person is placed in a state of reasonably sustained fear for his or her safety or for the safety of his or her immediate family; the threat is specific and unequivocal; and (3) the threat is communicated verbally, in writing, or via an electronically transmitted device. The crime can be charged even if a person does not have the ability to carry out the threat.
Making a criminal threat is a wobbler offense, which means that it can be charged as ether a misdemeanor or felony. For a misdemeanor offense, it is punishable by up to one year in county jail. A felony charge of making criminal threats is punishable by up to four years in California state prison. Using a dangerous or deadly weapon will increase the sentence by one year. Because a criminal threats conviction is a “strike” under California’s three strikes law, if a person is convicted of making criminal threats, he or she must serve 85 percent of their sentence before they are eligible for release.
A Solano County man was charged with making criminal threats in June of this year. According to prosecutors, Thomas Bundenthal threatened to kill his neighbor, Emerson Tabzon, along with his mother, Lourdes Tabzon. Mr. Bundenthal also brandished a replica gun (a BB gun) at the Tabzons and two landscapers while yelling, causing the two landscapers to run away.
At his trial, Mr. Bundenthal was acquitted of the offense when his attorney made a unique argument: that he was using “reasonable force” to protect his property. His attorney argued that Mr. Budenthal was justified in making the threats because the Tabzons were having their landscapers cut down a portion of Mr. Budenthal’s tree that was shading their property. The jury agreed with this defense, and found him not guilty of the charges.
As an Orange County criminal defense lawyer can explain, California law allows you to use force to defend your property from harm. To claim “defense of property,” you must be able to show that the threat to your property was imminent (or immediate) and that you only used reasonable force to defend your property. In this case, because the landscapers were actively trimming the tree, it appears that the harm to property was imminent. The jury apparently agreed that making threats was a reasonable use of force — which allowed Mr. Bundenthal to be acquitted of the offense.
At the Chambers Law Firm, we are committed to utilizing creative defenses designed to suit the unique facts of your case. We will vigorously defend you against all criminal charges. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled Orange County criminal defense lawyer.
