Criminal threats are very serious crimes in California. Only a few years ago the crime was called terrorist threats. The crime is the same, but the name was changed. If you or a loved one has been arrested or charged with a criminal threat in Southern California, then you should hire our San Bernardino defense attorney from the Kraut Law Group. Attorney Michael Kraut is an experienced criminal attorney who has handled dozens of criminal threat cases in the Los Angeles area.
Penal Code Section 422 defines a criminal threat as any threat made with the specific intent of making another person fear death or great bodily injury. The legislature has recently made this crime a "strike" under the "Three Strikes" Law. The penalty for this crime can be a long term of incarceration in a state prison, heavy fines, restitution, parole or probation. In addition, you will have a criminal conviction on your record for life.
A person having been previously convicted of two other serious or violent felonies and is then charged with a criminal threat, could be sentenced to 25 years to life in prison (if you are convicted of the criminal threat). If you or a loved one is charged with this serious crime, you should consult with an experienced Los Angeles criminal defense attorney, who has previously worked as a senior DeputyDistrict Attorney, is educated in this area of law, and will work to keep you out of jail.
To prove that the defendant is guilty of this crime, the People must prove that:
- The party charged willfully threatened to unlawfully kill or unlawfully cause harm which could result in great bodily injury of another person;
- The party made the statement. The statement does not need to be oral to be considered a violation of this charge;
- The party wanted that the statement be taken by another person as a threat, even if it is communicated through another person;
- The threatening statement was clear enough and immediate and specific that another person understood the serious nature of the threat and believed that it would be carried out;
- The statement caused another person to be scared for themselves or that harm could come to someone they care about including their friends or family; AND
- The other person's fear was to be expected because of the way it was stated. A person completes the crime if they act willfully when they do it by their own volition and purposefully. In order to decide if the fear is reasonable and was made in a clear manner, the courts will look at the words spoken as well as the circumstances in which they were stated.
If you have been accused of a criminal or terrorist threat crime in Los Angeles, Riverside, San Bernardino, or Orange County, it is important that you seek the services of a criminal defense attorney with extensive experience with these types of cases. If you have been arrested are under investigation for this offense in the Los Angeles or Southern California area, call Michael Kraut. Mr. Kraut understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail. Mr. Kraut has extensive knowledge of the law and the legal system. He has developed excellent relationships with law enforcement and law officials throughout the Los Angeles and Southern California.
For more information about the various defenses for your criminal or terrorist threat case, and to schedule your free consultation, contact Michael Kraut at the Kraut Law Group. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.
Thank you Mike for helping my son. Mark, Avvo User