Can you go to jail for making threats in California? In school or in the workplace, threats are taken seriously and can get you in real trouble. But people trash talk all the time. When does a threat cross the line and actually become a criminal offense?
Freedom of speech has its limits
Yes, you have the right of freedom of speech, but there are limits to this right. Just making a bomb threat could land you in prison for up to three years, even if you had no way or intention of carrying it out. If you intended to scare others—for example, just enough so that school would be canceled and you wouldn’t have to take a big test—you could still be found guilty of making a criminal threat.
What makes a threat a crime?
California law protects your freedom of speech by defining criminal threats in a very specific way. There are a lot of elements that must be met before something you do or say will count as a criminal threat.
The first consideration is how serious your threat was. Did you threaten to do something that will kill or seriously harm someone? And did you actually communicate it in some way? A criminal threat must have been made out loud, in writing, or electronically (such as on a smartphone) in order for it to be considered an actual threat. Something you wrote in your personal diary that you keep under the bed is not a threat.
Next, you had to have said that you were going to do something specific, immediate, and unconditional. If you say something vague, such as, “I might beat you up next week if the Dodgers lose,” that’s not a threat. It’s a lot different from showing someone a gun and telling them, “I’m going to shoot you right now.”
Finally, under the circumstances, was the threat reasonably believable, and was the person you threatened actually afraid? If someone blows off what you said because it just doesn’t seem realistic—such as if the person you threaten knows it’s just a toy gun—that’s not a criminal threat.
OK, are you keeping up? There are a lot of considerations, and that’s good news if you are accused of making a criminal threat. The prosecution must prove ALL of these elements, or you can’t be found guilty of making a criminal threat. An experienced criminal law attorney such as Dan E. Chambers can make the most of the weaknesses in the case against you.
Felony or misdemeanor?
If you are convicted of making a criminal threat, will it be a felony or a misdemeanor? That depends on the situation. If you are charged with a misdemeanor, you are looking at one year in county jail or state prison, plus a fine of up to $1000. For a felony, you could face up to three years in prison and a $10,000 fine.
When the court determines your sentence, it will look at the seriousness of the threat and its consequences, as well as your criminal history. If you used a dangerous weapon when you made your threat (such as holding a gun when you threatened to shoot some one), you could get an extra year. And if you made multiple threats or threatened multiple people, you could be punished separately for each incident.
Need a good defense?
It’s a high price to pay for a few words, so don’t take chances! If you or a loved one has been charged with making a criminal threat in Southern California, contact the Chambers Law Firm right now. Dan E. Chambers knows what it takes to defend even the toughest cases. Schedule your free case evaluation today by calling 714-760-4088, emailing dchambers@clfca.com, or sending an online message via the Chat box at the bottom right of this page.
