Credible Criminal Threat

Facing Charges for Criminal THREAT?

California Penal Code §422 PC

Basically, California law makes it a crime to make a threat to harm or kill another person, that reasonably puts the (alleged) victim in sustained fear for their (or their family’s) safety. 

Time is Valuable – Call Today for your Free Consultation

The bottom line is, if you or someone you care about is facing criminal investigation or criminal charges for making a Criminal THREAT, every second that passes is time that is either working against you, or time that can be used to help the situation/case. 

The Law Office of James L. Hassey can be reached 24/7 at (619) 745-5555 or through our secure and confidential email/contact form. Contact us today so we can answer your questions and help you.

Criminal THREAT

Some people may make the mistake of minimizing the situation and believing the THREAT was no big deal, or the situation is merely a misunderstanding. However, the law takes THREATS seriously to protect people (and/or their family) from having to live in fear of physical harm or death, from a potential abuser. 

Penalty / Punishment:

The offense is a ‘wobbler’ meaning it can be charged as a Misdemeanor or Felony. The sentence will come with a Fine, plus jail-time up to 1-year as a MISDEMEANOR.  However, a FELONY conviction will include jail-time up to 3-years.

Elements:

• Intentional Oral or Written Threat – Defendant intentionally made an oral or written statement threatening to kill or inflict great bodily injury on another person, with the intent it be understood as such;
• Clear and Capable of Immediately Being Carried Out – The threat was clear and capable of being carried out with immediacy;
• Reasonable and Sustained Fear – The threat caused in the receiver a reasonable and sustained fear for his/her safety or that of their family.

Possible Collateral Consequences of a CAR JACKING Conviction:

• Education – Disclosing conviction on applications to Schools or Graduate Programs.
• Professional License – typical approval for a professional license such as Doctor, Lawyer, Nurse and many other vocations include a background check.
• Work Background Check – many valuable jobs perform scheduled background checks, and/or perform background checks when you’re being considered for a promotion.
• Renting an Apartment / House – many landlords run criminal background checks, and getting turned-down from potential landlords can snowball against you.
• Immigration – being convicted of a crime can have fatal negative effects on a person’s path to citizenship.
• Voting Rights – many people take their voting rights for granted until that right is taken away by a Felony.  Even if a charge starts out as a Misdemeanor, depending on the circumstances, the prosecuting agency (City Attorney / District Attorney) can change the charge(s) to Felony.

Depending on your situation there may be one or more possible defenses or negotiating approaches.

Call the Law Office of James L. Hassey today at (619) 745-5555 so we can answer your questions and help you.