Criminal Threats/ Terrorist Threats

Criminal Threats
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California Penal Code § 422 (Criminal Threats) are very serious charges. They are considered strikes under the "three strikes" law in California if charged as a felony. However, the charge is technically a "wobbler" and can be charged as a misdemeanor or a felony. If charged as a misdemeanor the maximum jail sentence that can be imposed is 1 year. If charged as a felony the sentencing triad is 16 months, 2 years or 3 years in custody and a fine up to $10,000 dollars. If charged as a misdemeanor they are not strikes.

Elements Of The Crime (Summary)

  1. Willful threat to unlawfully kill or cause great bodily injury to complaining witness (CW)
  2. Made the threat to complaining witness orally, in writing or by electronic communication device
  3. Accused intended statement be understood as a threat and intended it to be communicated CW
  4. Threat is so clear, immediate, unconditional, and specific that it communicated to CW a serious intention and the immediate prospect that the threat would be carried out
  5. The threat actually caused CW to be in sustained fear for their safety or immediate family
  6. CW fear was reasonable under the circumstances
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