Unpacking California’s Criminal Threat Laws and Their Penalties

Understanding the nuances of California’s criminal threat laws is crucial, especially if you or someone you know is facing charges. While it might seem that these laws infringe on free speech, the state has outlined specific criteria that make certain threats criminal.

Let’s delve into what constitutes a criminal threat, how it is defined by law enforcement, and the potential punishments involved. Contact Chambers Law Firm at 714-760-4088 to request a free legal consultation if you are facing these or other criminal charges.

What Constitutes a Criminal Threat?

The criminalization of threatening language in California is a carefully regulated area of law. Although it may appear to conflict with the First Amendment, the state has narrowly defined which statements are criminal to ensure a reasonable restriction. Only threats that cause justifiable fear in the victim are considered a crime.

How Does Law Enforcement Define a Criminal Threat?

For a California prosecutor to convict someone of making a criminal threat, several elements must be proven:

  • Willful Threat: You must have willfully made a threat to seriously injure or kill another individual.
  • Intention: You intended for the other person to perceive your words as a threat.
  • Specificity and Imminence: The threat must have been “unequivocal, unconditional, immediate, and specific,” suggesting a real possibility of being carried out.
  • Reasonable Fear: The person you threatened must have been put in reasonable fear for their safety or the safety of their immediate family.

You Do Not Have to Intend to Carry Out the Threat

California’s criminal threat laws focus on the statement made rather than the actual intent to follow through. For example, if you yell, “I’m going to shoot you,” at an ex-spouse during an argument, claiming you had no intention to actually shoot them is not a valid defense. Even if you had no means to carry out the threat, such as not having access to a gun, your statement can still be considered a criminal threat if it induced fear in the other person.

Criminal Threats Do Not Need to Be Verbal

Criminal threats in California are not limited to verbal statements. The law also includes threats that are written or electronically communicated. This can encompass:

  • Text messages
  • Phone calls and voicemails
  • Recorded messages or videos
  • Live electronic communications, such as on Zoom calls or video game networks

However, the threat must be immediate. For instance, if you say, “I’m going to shoot you right now,” but the person knows you are 2,000 miles away, it may not meet the criteria for an immediate threat.

Penalties for Making Criminal Threats

Under California’s criminal threat laws, charges can be classified as either misdemeanors or felonies, depending on your criminal history and the specifics of the incident.

  • Misdemeanor: The maximum punishment includes one year in county jail and a $1,000 fine.
  • Felony: Felony charges can result in up to three years in state prison and a $10,000 fine.

The prosecutor will decide the level of charge based on the circumstances of the case.

Seeking Legal Help

If you have been accused of making criminal threats, it’s crucial to seek legal assistance immediately. The complexities of these laws require the expertise of a seasoned criminal defense attorney. An experienced lawyer can help by:

  • Evaluating the details of your case and the evidence against you
  • Representing you in court and negotiating with the prosecutor
  • Working to get charges reduced or dismissed
  • Developing a robust defense strategy, such as proving the threat was not immediate or was not perceived as serious by the recipient

At Chambers Law Firm, we are committed to defending your rights and ensuring you receive a fair trial. If you or someone you know is facing criminal threat charges, contact us at 714-760-4088 to schedule a free initial consultation. Our team of experienced attorneys is here to help navigate the complexities of your case and work towards the best possible outcome.

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