Los Angeles Criminal Threat Defense Attorney

Criminal threats under California Penal Code section 422 PC, formerly known in California as “terrorist threats”, remain one of the most aggressively prosecuted offenses in Los Angeles County. A single statement, text, tweet, or voicemail that causes someone else to sustain fear of death or great bodily injury can expose you to felony charges, a possible state-prison term, and a lifelong “strike” on your record under California’s Three-Strikes law. At Kraut Law Group Criminal & DUI Lawyers, Inc., we aim to provide the most thorough, legally accurate resource on violent crimes in Los Angeles while offering strategic, results-oriented defense for every client we serve.

Under Penal Code § 422, it is unlawful to willfully threaten to kill or cause great bodily harm to another person when the threat:

• It is made verbally, in writing, or via electronic communication (text, email, social media post, direct message, video, or any other digital platform).
• Conveys a gravity of purpose and an immediate prospect of execution, meaning a reasonable person in the victim’s position would view it as serious, not idle talk or hyperbole.
• It is so unequivocal, unconditional, and specific that it places the target in sustained, reasonable fear for personal safety or the safety of an immediate family member.
• The speaker intends to understand it as a genuine threat, even if the speaker never plans to carry it out.

Important nuances:

• A threat delivered through a third party or posted publicly online still qualifies if the defendant intended the target to hear or read it.
• A weapon or physical gesture need not accompany the words; context and surrounding circumstances often supply the “immediacy” element.
• Conditional threats (“If you testify, you’re dead”) may satisfy the statute when the condition itself is unlawful or coercive.
• “Great bodily injury” covers severe impairments such as broken bones, significant lacerations, or permanent disfigurement.

Los Angeles County prosecutors rely heavily on:

• Recorded evidence: voicemails, Ring-cam audio, text chains, DM threads, or Snapchat screenshots preserved before they disappear.
• Witness testimony: not only the alleged victim but also bystanders, family members, and responding officers who observed the victim’s fear.
• Contextual proof: prior arguments, domestic violence history, weapons possession, or gang affiliation that can make an otherwise ambiguous statement appear menacing.
• CALCRIM No. 1300 jury instruction: the standardized language judges use to explain each element, including the requirement of sustained fear (more than a momentary fright).

Because many cases hinge on tone, prior relationship, and the victim’s state of mind, experienced defense counsel can often neutralize or undermine the prosecution’s narrative long before trial.

Criminal threats is a “wobbler,” meaning the District Attorney may file the charge as a misdemeanor or a felony:

• Misdemeanor: Up to one year in county jail and a fine of up to $1,000.
• Felony: Sixteen months, two years, or three years in state prison, plus a fine up to $10,000.

Additional sentencing risks include:

• Strike offense: A felony conviction counts as a serious felony strike, doubling any future sentence for another strike and potentially triggering a life sentence on a third strike.
• Firearm or deadly-weapon enhancement: Using, displaying, or even brandishing a weapon during the threat adds a consecutive one-year term.
• Hate-crime enhancement (PC 422.75): If the threat targets a protected class (race, religion, sexual orientation, etc.), the court may tack on one, two, or three extra years.
• Immigration consequences: A felony 422 conviction is a crime involving moral turpitude; non-citizens may face removal or denial of naturalization.
• Ten-year firearm ban: Even a misdemeanor conviction triggers a decade-long prohibition on owning or possessing firearms in California.

A criminal threat conviction touches nearly every corner of a person’s life:

• Background checks for professional licenses, apartment leases, and employment reveal a violent strike offense.
• Child custody decisions in family court often weigh the conviction heavily, particularly if the threat was domestic.
• Protective orders (criminal or civil) can limit travel, residence, or contact with loved ones for years.
• Social stigma, especially in the digital age, where screenshots linger, can damage personal relationships and community standing.

Early, proactive defense is the key to preventing or minimizing these cascading effects.

Every case turns on its facts, but common themes recur in Los Angeles criminal threat prosecutions. Kraut Law Group Criminal & DUI Lawyers, Inc. tailors a defense plan that may include:

• Lack of Specific Intent. Sometimes, a frustrated text sent in the heat of the moment is more emotional venting than a genuine threat. We gather context—additional messages, emojis, preceding apologies, or conciliatory gestures—to show you never intended the words to be taken literally.
• Ambiguity or Conditional Language. Vague phrases like “You’ll be sorry” or “Watch your back” often fail the unequivocal-and-specific standard required by law. Our firm brings in linguistic experts or draws on case law, such as People v. Toledo, to illustrate reasonable alternate interpretations.
• No Sustained Fear.CALCRIM defines “sustained fear” as fear lasting more than a fleeting moment. If the alleged victim laughed off the comment, continued socializing, or waited hours before contacting police, we highlight that gap to demonstrate the absence of prolonged fear.
• Credibility Challenges. Personal motives, like divorce, custody battles, or business disputes, can color a complainant’s memory and accusations. Cross-examination, phone records, and third-party witness statements often reveal exaggerations or inconsistencies.
• First Amendment Protections. Threatening language embedded in political rhetoric, song lyrics, or artistic expression may be protected speech unless the statements convey an immediate, genuine prospect of violence. We routinely consult constitutional scholars to reinforce this defense.
• Alibi or Misidentification. When threats arrive via spoofed caller IDs, hacked accounts, or anonymous social-media handles, digital forensic investigation can exonerate the accused by tracing IP addresses, login histories, and geolocation metadata.

Because Los Angeles law enforcement units specializing in cybercrimes work closely with the District Attorney, defense counsel must be equally adept at parsing phone extractions, Cellebrite reports, and social-media subpoenas.

The period between an arrest (or LAPD knock-and-talk) and the District Attorney’s initial filing decision is critical. Former Senior Deputy District Attorney Michael Kraut leverages decades of insider experience to:

• Open channels with the filing deputy, presenting mitigating facts and legal deficiencies that counsel against felony or any charges.
• Facilitate a civil compromise under Penal Code § 1377/1378, where appropriate, allowing dismissal in exchange for restitution or peace-bond agreements.
• Negotiate diversion or mental-health court alternatives for first-time offenders grappling with PTSD, anxiety, or other conditions that contributed to the alleged incident.
• Ensure that any protective order is narrowly tailored, preventing unnecessary disruptions to work, child visitation, or travel.

Successful pre-filing intervention often makes the difference between a formal felony strike and no criminal record whatsoever.

Roughly half of all criminal threat filings in Los Angeles stem from intimate-partner disputes. A PC 422 charge filed as a domestic-violence offense carries additional pitfalls:

• Mandatory booking and bail schedules leave many defendants in custody for 48 hours or more before arraignment.
• The court almost always imposes a Criminal Protective Order (CPO) precluding contact with the accuser. This order can force you out of your residence and restrict parenting time.
• Violating the CPO, even an accidental text reply, creates a new misdemeanor offense and probable bail revocation.

Our firm swiftly modifies or extinguishes overbroad CPOs, coordinates peaceful property transfers, and preserves crucial digital evidence before phones are wiped or accounts deleted.

Los Angeles prosecutors increasingly file PC 422 charges based solely on tweets, group-chat audio snippets, or virtual-reality platform voiceovers. Important considerations:

• Social-media companies respond to subpoena requests at different speeds—early preservation letters prevent the disappearance of crucial context.
• Metadata inside an image or video can confirm whether it was manipulated, deep-faked, or taken out of sequence.
• Geofence warrants capture every device near a location during a specific window, which can yield exculpatory data if you were nowhere near the scene.

Kraut Law Group Criminal & DUI Lawyers, Inc. partners with premier digital forensic experts to stay ahead of the technology curve and expose weaknesses in the prosecution’s tech evidence chain.

• Prosecutorial insight: Michael Kraut spent 14 years as a Los Angeles Deputy District Attorney, including an assignment to the elite Target Crimes Division, which focused on violent felonies. He understands how prosecutors evaluate threat cases and how to dismantle them.
• Reputation for results: Our negotiated resolutions regularly include reducing disturbing the peace to a misdemeanor (PC 415) or complete dismissal when we demonstrate a lack of sustained fear or specific intent.
• Round-the-clock availability: Criminal threats allegations often erupt after business hours. We answer calls and initiate damage control 24/7, including holidays.
• Tailored litigation strategy: From jury-trial victories to discreet, pre-filing declinations, we craft an approach aligned with your priorities—career preservation, immigration status, professional licensing, or child-custody goals.
• Client-centered representation: You receive direct attorney access, not layers of paralegals. Our bilingual staff serves Los Angeles’s diverse communities with sensitivity and respect.

A momentary lapse of judgment or misunderstanding should not define your future. If you or someone you care about is under investigation or has already been arrested for Criminal Threats in Los Angeles, Riverside, San Bernardino, or Orange County, contact Kraut Law Group Criminal & DUI Lawyers, Inc., today. The sooner we begin, the greater our chances of preventing charges, safeguarding your freedom, and protecting your reputation.

Attorney Michael Kraut is available for a free, confidential consultation, day or night, at 888-334-6344 or 323-464-6453 or through our secure online form.