Under California Penal Code section 422, it is illegal to make a criminal threat. A criminal threat is defined as a threat to commit a crime that will result in death or great bodily injury to another person. The threat must be made with the specific intent that it be taken as a threat, even if the threatened crime is not actually committed.
In order to be convicted of making a criminal threat, the prosecution must prove that you made a threat to commit a crime that would result in death or great bodily injury, that you intended the threat to be taken seriously, and that the threat was communicated to the victim. This means that if you made a joke or an idle threat, or if you had no intention of carrying out the threatened crime, you may have a defense to the charge.
There are several potential defenses to a charge of making a criminal threat. One defense is that you did not make a threat. If you can prove that you did not communicate a threat to another person, you cannot be convicted of making a criminal threat.
Another defense is that you did not intend the threat to be taken seriously. If you made a joke or an idle threat, you might be able to argue that you did not intend the threat to be taken seriously.
A third defense is that you had no intention of carrying out the threatened crime. If you made a threat but had no intention or ability to carry it out, you might be able to argue that you did not have the specific intent required for a conviction.
If you are convicted of making a criminal threat, the potential penalties depend on the circumstances of your case and your criminal history. In general, making a criminal threat is a “wobbler” offense, which means that it can be charged as either a misdemeanor or a felony, depending on the circumstances.
If charged as a misdemeanor, you could face up to one year in county jail. If charged as a felony, you could face 16 months, two years, or three years in state prison. In addition, you could be fined up to $10,000.
It is important to note that making a criminal threat is a serious crime that can have far-reaching consequences. In addition to criminal penalties, a conviction for making a criminal threat can damage your reputation and career, and may make it difficult for you to find employment or housing in the future.
If you have been charged with making a criminal threat, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and advise you of your rights and options. An attorney can also help you build a strong defense and negotiate a favorable plea bargain, if appropriate. In some cases, it may be possible to have the charges against you dismissed or reduced, or to obtain a not guilty verdict at trial.