Criminal Threats

Criminal Threats used to be called "terrorist threats" but the name was changed to prevent confusion with actual terrorists.

Penal Code section 422
states: "Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison."

In a nutshell, you cannot threaten to kill or hunt someone or you could be arrested. Of course, many people say "I'm going to kill you" in the heat of an argument. Some Judges will throw out a case such as that if the person does not have a weapon on them or get violent (if an attorney makes the proper motion.)

We don't wait for the Judge to throw out the case. Instead, we communicate with the police and/or the District Attorney prior to Court and can often convince them to drop the case.

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