Beverly Hills Criminal Threats
The act of making criminal threats of harm against another person is a serious criminal offense in Beverly Hills that is treated by prosecutors as a violent crime, despite the fact that no physical harm may be involved. California Penal Code Section 422 PC makes it illegal to make criminal threats against another person. This class of offenses can often arise alongside allegations of domestic violence or assault and battery in Beverly Hills.
For someone to be convicted of criminal threats in Beverly Hills, the following elements must be present:
- There was a willful threat of harm or death made to another person
- The threat was made orally, in writing or electronically
- The threat was intended as one to be taken seriously
- The threat was of a nature that a victim would take it seriously.
- The threat placed the victim in fear
- AND this fear was reasonable.
A person would not be convicted of criminal threats where:
- The threat in questions was vague and did not specifically threaten harm
- It is not reasonable that the average person would have been placed in fear by the threat.
- Any fear that existed was minimal or fleeting.
- The threat was made in a manner not listed above (i.e. via body language)
Criminal threats is a "wobbler," which means that a prosecutor from the Airport Branch of the Los Angeles County District Attorney's Office can file either misdemeanor or felony charges, depending on the surrounding circumstances and the criminal history of the defendant.
If a person is convicted of criminal threats as a felony, they can be sentenced to up to four years in a California state prison as well as having a "strike" conviction pursuant to California's Three Strike laws. The conviction could then be used to increase the punishment on future convictions.
A person charged with criminal threats in Beverly Hills may have several viable defenses available to them. Because this is an offense that often involves oral threats of harm, it is may be the case that the allegation is based on a false accusation. In these cases, a Beverly Hills Criminal Defense attorney can assist someone who has been falsely accused by pointing out any inconsistencies in the false account and showing how the accuser may have had motive to lie.
If you or a loved one are under investigation for criminal threats in Beverly Hills, it is critical that you consult with a qualified Beverly Hills Criminal Defense Attorney immediately. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Beverly Hills Criminal Defense Attorney Michael Kraut is highly experienced at handling serious felony-level charges as both a prosecutor and a defense attorney. Mr. Kraut is widely respected throughout the Beverly Hills area for his litigation skills and legal acumen. Mr. Kraut is a dedicated advocate who works tirelessly on behalf of his clients accused of serious criminal offenses.
For more information about Beverly Hills Criminal Threats, and to schedule your free consultation, contact Beverly Hills Criminal Defense Attorney Michael Kraut at the Kraut Law Group located at 8484 Wilshire Boulevard, Suite 660B, Beverly Hills, CA 90211-3220. Mr. Kraut can be reached 24/7 at 888-334-6344 or 310-550-6935.