California Penal Code 422 "Criminal Threats"
Have you been charged with California Penal Code 422, which is commonly referred to as Criminal Threats and formerly known as Terrositic Threats? If you have been charged with California Penal Code 422 it is vitally important that you seek out and retain a experienced San Bernardino & Riverside criminal defense attorney to assist you in your criminal case.
San Bernardino & Riverside Criminal Lawyer
Caliofornia Penal Code 422 can be either charged as a Felony or a Misdemeanor depending under the underlying facts of your individual criminal case, which means if convicted an individual is facing either state prison or jail. Our San Bernardino & Riverside criminal defense attorney always offers a FREE initial phone consultation, which means that you can discuss your case for FREE. Call today to protect your legal rights and your reputation.
California Penal Code 422
(a) Any person who willfully threatens to commit a crime which
will result in death or great bodily injury to another person, with
the specific intent that the statement, made verbally, in writing, or
by means of an electronic communication device, is to be taken as a
threat, even if there is no intent of actually carrying it out,
which, on its face and under the circumstances in which it is made,
is so unequivocal, unconditional, immediate, and specific as to
convey to the person threatened, a gravity of purpose and an
immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own
safety or for his or her immediate family's safety, shall be punished
by imprisonment in the county jail not to exceed one year, or by
imprisonment in the state prison.
(b) For purposes of this section, "immediate family" means any
spouse, whether by marriage or not, parent, child, any person related
by consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household.
(c) "Electronic communication device" includes, but is not limited
to, telephones, cellular telephones, computers, video recorders, fax
machines, or pagers. "Electronic communication" has the same meaning
as the term defined in Subsection 12 of Section 2510 of Title 18 of
the United States Code.