Matthew J. Ruff Felonies Law Blog on Lawyers.com

What makes a threat criminal?

Saturday, February 12, 2011 by Matthew J. Ruff

It is an oft asked question by legal scholars and the common citizen, What is the definition of a criminal threat under California criminal laws?  In order to peoperly  answer this question the person must look to the criminal codes that dictate and promulgate this crime, PC 422.  This crime, like all other criminal charges, can be bolied down and distilled into elements that must be established by the state prosecutor in court order to find a defendant guilty.  According to a California Torrance Criminal Threats Attorney  in order for the crime of criminal threats the first is that there be an actual threat to injure or kill another or a family member of the victim, this can be accomplished either directly or through the use of an accomplice.  Next, and some argue most importantly,  the criminal threat must be intended to be taken as a threat as opposed to someone merely teasing.  Next, the intended victim must have heard the threat and be in sustained fear for his or her life, not just momentary or fleeting.  Lastly, the threat when made must have been unequivocal, immediate and serious as to convey in the intended recipient a gravity of purpose and a real meaning that the threat would be carried out.   Pursuant to california law even conditional threats can constitute a crime if the above criteria are met.  In addition,  the issue of the extent of fear for purposes of the "sustained" element is often a fertile area of attack when defending an individual on a criminal threats charge. 

Posted at 23:38 PM
Topic: Felonies
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