California Penal Code § 422 PC – Criminal Threats
Penalties, Legal Defenses, and How our San Diego Defense Lawyers Can Help You Fight Back
If your defense strategy isn’t securing your future, it’s probably jeopardizing it.
California Penal Code 422 defines the crime of criminal threats, where someone intentionally threatens another with serious harm or death. The law targets threats that cause the victim to fear for their safety, making this statute especially significant in domestic violence cases. Threats in abusive relationships can often escalate into physical violence, and the law applies even if the threatened act isn’t carried out.
Table of Contents
Elements of Criminal Threats
- Intentional threat: The threat must be willfully made with intent to cause fear of serious harm or death.
- Credibility: The threat must be clear, immediate, and unconditional, leading the victim to reasonably fear for their or their family’s safety.
- Communication: The threat can be communicated in person, via text, email, or other electronic means.
- No need for actual harm: A criminal threat charge can be made even if no physical harm occurs, as long as the threat is deemed credible.
Examples of Criminal Threats
- Threatening a spouse with harm during an argument.
- Sending texts threatening violence to a family member.
- Telling someone they’ll face serious consequences if they don’t comply with certain demands.
Penalties for Violating Penal Code 422
Penal Code 422 is a “wobbler,” meaning it can be charged as either a misdemeanor or a felony.
- Misdemeanor: Up to 1 year in county jail, fines, and possibly probation.
- Felony: Up to 4 years in state prison. If a deadly weapon was involved, this could count as a strike under California’s “Three Strikes” law.
Additional penalties may include restraining orders, mandatory counseling, and fines, particularly if linked to domestic violence.
Defenses to Criminal Threats
- Lack of intent: The threat wasn’t meant to be taken seriously.
- False accusations: The alleged victim fabricated the threat.
- No credibility: The threat was vague or conditional, and the victim’s fear wasn’t reasonable.
- Freedom of speech: Sometimes, statements protected by free speech are mistaken for criminal threats.
What If the Threat Was Made in Writing or Electronically?
Threats sent by text, email, or other written forms are treated the same under Penal Code 422. The key element is whether the victim reasonably believed the threat was credible, regardless of how it was communicated.
Related Crimes
- Penal Code 136.1 PC – Dissuading a witness
- Penal Code 186.22 PC – Gang crime enhancement
- Penal Code 243(e)(1) PC – Domestic battery
- Penal Code 273.5(a) PC – Corporal injury on a spouse or cohabitant
- Penal Code 273.6 PC – Violating restraining orders
- Penal Code 518 PC – Extortion
- Penal Code 524 PC – Attempted extortion
- Penal Code 601 PC – Aggravated trespass
- Penal Code 646.9 PC – Stalking
- Penal Code 653m PC – Annoying phone calls
- Domestic violence crimes
Additional Reading for Criminal Threats
For more in-depth information, refer to these scholarly articles:
- Are Threats Always Violent Crimes? – Michigan Law Review.
- Threats as Criminal Assault – Cleveland State Law Review.
- Cybercrime: Criminal Threats from Cyberspace – Greenwood Publishing Group.
- The Solution to the Real Blackmail Paradox: The Common Link between Blackmail and Other Criminal Threats – Connecticut Law Review.
- Threats, Harassment, and Hate On-line: Recent Developments – Boston University Public Interest Law Journal.
Your Defense Starts with the Right Attorney
When you’re facing stalking charges under Penal Code 646.9, your defense strategy matters. With a strong legal defense, you may be able to reduce or dismiss the charges altogether. At Kersey Law, we have the knowledge and experience to defend against stalking and domestic violence charges, offering a powerful voice in your corner when you need it most.
How it works
It’s easy to get started.
Invest in Your Defense. Protect Your Future.
Results may vary depending on your particular facts and legal circumstances.
Step 1
Request a FREE Case Review
With a free case evaluation, discussing your case details is simple with Kersey Law.
Step 2
We Build Your Defense
If we take on the case, our team will begin an in-depth investigation and craft a personalized defense strategy based on the unique aspects of your situation.
Step 3
We Fight for You
Our dedicated team will vigorously defend your rights and work tirelessly to achieve the best possible outcome.
The truth is, without a strategic defense strategy, you're missing out on a powerful tool to protect your future and achieve the best possible outcome for your case.
See what others have to say about Building a Winning Defense Strategy that Protects Your Future.
Results may vary depending on your particular facts and legal circumstances.
Fighting Criminal Charges In California
Download Our Powerful Free Guide to Protect Your Future and Navigate the Legal System With Confidence.
Let Us Help You Get Started
Explore the tools you need for your defense with Kersey Law. Browse our resource center, watch educational videos, and learn from client success stories.
Explore
Stay up-to-date with the latest in criminal defense with our informative blog. Read expert insights, case updates, and more to stay informed and ahead of the game.
Learn
Stay informed with our Criminal Defense Resource Center, covering a wide range of topics from assault and battery to DUI. Access helpful guides, articles, and more to protect your rights.
Featured Blog
Diddy’s Bail Battle: What It Means for Your Defense Rights in High-Stakes Cases
In a high-stakes legal battle, Sean “Diddy” Combs faces another uphill fight to secure bail. As the court prepares for his third bail hearing, both
Schedule Your FREE Strategy Session Today
In just 1 hour, you’ll have a clear, actionable plan to turn your defense into an unstoppable force that can give you the most favorable outcome for your case (no obligation to move forward!).
