Criminal Threats There's No Alternative

422 PC Criminal Threat Attorney in Orange County

Representing Individuals Accused of Violating California Penal Code 422 PC in Orange County

Making a credible threat to kill or seriously injure another person is a crime in California, even if the person who makes the threat does not intend to commit the threatened act. A criminal threat can be made against anyone, but threats against family members are regarded as crimes of domestic violence.

If you have been falsely accused, you need aggressive representation that focuses on obtaining a dismissal or acquittal. In other cases, you may want to work out a resolution that puts the problem behind you. In many cases, it is possible to avoid a conviction or to have a conviction expunged.

If you have been accused of, arrested for, or charged with making criminal threats, getting help from an experienced Orange County criminal threats defense attorney gives you the best opportunity to avoid serious consequences. To obtain advice about the strategy that is best suited to your case, talk to an Orange County criminal threats defense lawyer at The Law Offices of Randy Collins.

Proof of Criminal Threats

Before the year 2000, the legislature referred to 422 PC as the “terrorist threat” law. Recognizing that the statute has nothing to do with terrorism and that the word “terrorist” instills prejudice against the accused, the name of the crime was changed to “criminal threats.”

To obtain a criminal threats conviction, the prosecution is required to prove each of these facts beyond a reasonable doubt:

  • The accused willfully threatened to unlawfully kill or unlawfully cause great bodily injury to another person.
  • The accused communicated that threat orally, in writing, or by electronic communication.
  • The accused intended the statement to be understood as a threat and intended that it be communicated to the threatened person.
  • The threat was so clear, immediate, unconditional, and specific that it communicated a serious intention and the immediate prospect that the threat would be carried out.
  • The threat actually caused the threatened person to be in sustained fear for his or her own safety or for the safety of an immediate family member.
  • The threatened person’s fear was reasonable under the circumstances.

With so many facts to prove, it is often difficult for prosecutors to obtain criminal threat convictions. The law’s complexity gives criminal defense attorneys many opportunities to establish reasonable doubt that will lead to a “not guilty” verdict.

Call (844) 807-8180 to make an appointment with our Orange County criminal threats defense lawyers.

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