| California Penal Code 422 makes threats of a | | | | Not Imminent |
| criminal nature against the law in California. The | | | | If a threat is not backed by evidence that the |
| law states as follows: Any person who willfully | | | | accused would actually have hurt the individual or |
| threatens to commit a crime which will result in | | | | that a confrontation was imminent, it may not be |
| death or great bodily injury to another person, | | | | considered criminal. For instance, in the case of |
| shall be punished by imprisonment in the county | | | | the above example, the statement was not only |
| jail not to exceed one year, or by imprisonment | | | | vague, but lacked imminence to truly make the |
| in the state prison. | | | | alleged victim fear for his or her safety. An |
| So, criminal threats are really basically defined as a | | | | imminent and serious threat would be more along |
| threat to seriously injure or kill an individual, | | | | the lines of, "When I see you in the parking lot |
| causing that individual to fear for his or her | | | | after work, I'm going to get the gun I keep in my |
| well-being or life, even if the threat is never | | | | car, give you one minute to say your final words, |
| intended to be actually carried out. This might | | | | and then I'm going to kill you." |
| include a threat that was spoken or verbal, in | | | | No Requisite Fear or Fear Unreasonable |
| writing, or via an electronic device such as on a | | | | In another common defense, if the alleged victim |
| computer, via a cell phone, etc. Being accused of | | | | never truly feared for his or her own safety, the |
| criminal threats is a serious situation and individuals | | | | threat was not criminal. If they were |
| who have been accused could face jail time and | | | | unreasonably afraid, this may also be used as a |
| or fines. | | | | defense for penal code 422. An example of no |
| Defending a California Penal Code 422 Accusation: | | | | requisite fear would be if the individual plainly knew |
| Attorneys will use a number of defenses for a | | | | that the accused was speaking in the moment |
| criminal threats case, depending upon the unique | | | | and without serious intent to follow through on |
| situation of the case and the circumstances | | | | the threat. It must also be determined that any |
| surrounding it. Some of the most common | | | | 'normal' person would have truly been afraid for |
| defenses for this charge are: | | | | his or her safety because of the threat that was |
| Vague or Ambiguous Statement | | | | made. If that can't be established, it would be |
| If the accused individual made an ambiguous | | | | considered 'fear unreasonable.' |
| statement toward the alleged victim, or a | | | | If you've been charged with a criminal threat |
| statement that was not made in a serious way, it | | | | charge, it's important that you contact an |
| should not be considered a criminal act. This is also | | | | attorney right away. Even if it seems juvenile |
| true if the statement was vague and did not | | | | because you truly didn't threaten the alleged |
| actually threaten the alleged victim with death. For | | | | victim seriously, you could face serious |
| instance, if tempers flared at an office and the | | | | consequences if your defense isn't properly |
| accused, in the heat of the moment, said, "You | | | | formed. A capable attorney can convey your |
| better watch your back," it may not actually be | | | | innocence to the court and quite possibly get the |
| considered a criminal threat. This kind of threat | | | | charges dropped against you. |
| would also be considered 'not imminent.' | | | | |