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Criminal Threats/ Terrorist Threats
California Penal Code § 422 (Criminal Threats) are very serious charges. They are considered strikes under the “three strikes” law in California if charged as a felony. However, the charge is technically a “wobbler” and can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail sentence that can be imposed is 1 year. If charged as a felony the sentencing triad is 16 months, 2 years or 3 years in custody and a fine up to $10,000 dollars. If charged as a misdemeanor they are not strikes.
Elements Of The Crime (Summary)
- Willful threat to unlawfully kill or cause great bodily injury to complaining witness (CW)
- Made the threat to complaining witness orally, in writing or by electronic communication device
- Accused intended statement be understood as a threat and intended it to be communicated CW
- Threat is so clear, immediate, unconditional, and specific that it communicated to CW a serious intention and the immediate prospect that the threat would be carried out
- The threat actually caused CW to be in sustained fear for their safety or immediate family
- CW fear was reasonable under the circumstances