In California, threat crimes exist. In other words, it is a crime to make a criminal threat, which is defined as a threat to commit a crime involving death or serious bodily injury.
The threat must be made with the intent to terrorize the victim and must be made in a way that would cause a reasonable person to fear for their safety or the safety of their family. A criminal defense attorney will be able to help you if you are involved in this situation.
Key Takeaways
- Types of threats: These include threats to kill, seriously harm, or cause the evacuation of a building.
- Consequences: They can include up to eight years in prison and a strike on the record under the Three Strikes Law.
- Possible defenses: Lack of intent to terrorize or the absence of a true threat can be used in the defense.
What are the consequences of criminal threats?
The consequences of a crime of threats are serious. If you are found guilty of threatening a person, you can be sentenced to up to four years in prison. If the threat was made against a public official, such as a police officer, you can be sentenced to up to six years in prison.
Additionally, if the threat was made with the intent to cause a building to be evacuated, you can be sentenced to up to eight years in prison. This is not something to be taken lightly in the eyes of the law.
In the case you are convicted of making a criminal threat, you will also have a strike on your record under California’s Three Strikes Law. This means that if you are convicted of another crime, you could be sentenced to double the penalty you would otherwise receive.
If you have been charged with making a criminal threat, whether it be a death threat or otherwise, it is important to speak with an experienced criminal defense attorney as soon as possible. A lawyer can help you understand the charges against you and the possible defenses that may be available.
What are the types of criminal threats?
There are two types of criminal threats in California:
- Threats to commit a crime that would result in death or serious bodily injury, and
- Threats to cause the evacuation of a building.
What are the defenses to a criminal threat charge?
There are several defenses that may be available if you are charged with making a criminal threat. These include:
- The threat was not made in a way that would cause a reasonable person to fear for their safety.
- The threat was not made with the intent to terrorize the victim.
- The victim was not actually threatened.
- The threat was not a true threat.
And what is considered a true threat? This is a statement made with the intent to threaten, where the person being threatened reasonably believes that the threats will be carried out. For example, a statement made in jest would not be considered a true threat.
What should I do if I have been charged with making a criminal threat?
If you have been charged with making a criminal threat, it is important to speak with an experienced criminal attorney as soon as possible. An attorney can help you understand the charges against you and the possible defenses that may be available.
California law treats criminal threats very seriously, and a conviction can result in a prison sentence and an expungement of your record. An experienced attorney will be able to guide you through the process and help you get the best possible outcome in your case.
What are some examples of criminal threats?
Some examples of criminal threats include:
- Threatening to kill someone
- Threatening to harm someone’s family
- Making a bomb threat
- Making a threat to commit a mass shooting
These are just a few examples of the types of threats that can result in a criminal charge.
What are the penalties for a minor who makes a criminal threat?
If you are a minor (under 18 years old) and are charged with making a criminal threat, you may be subject to juvenile court proceedings.
Penalties for a minor convicted of making a criminal threat may include:
- Probation
- Detention in a juvenile facility
- A record on your criminal history
If you are a minor who has been charged with making a criminal threat, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and the possible defenses that may be available.
California law treats criminal threats very seriously, and a conviction can result in a prison sentence and an expungement of your record. An experienced attorney will be able to guide you through the process and help you obtain the best possible outcome in your case.
In the case of a threat crime: Contact an attorney
If you have been charged with making a criminal threat, it is important to speak with an experienced criminal defense attorney as soon as possible. California law treats criminal threats very seriously, and a conviction can result in a prison sentence and an expungement of your record.
An experienced attorney will be able to guide you through the process and help you obtain the best possible outcome in your case. S&B Legal has a team of experienced criminal defense attorneys who are dedicated to fighting for our clients’ rights. Contact us today to schedule a free consultation.
Summary
In California, making a criminal threat is a serious crime that can lead to severe consequences, including prison sentences of up to eight years and a “strike” on your record under the Three Strikes Law. Threats must involve significant danger, such as death or serious injury, and be made with the intent to terrorize the victim.
It is crucial to seek the help of a criminal defense attorney to face these charges, understand your rights, and explore possible defenses.
Frequently Asked Questions
Is threatening someone illegal?
Yes, threatening someone is illegal in many places, especially if the threat is serious and causes the recipient to fear for their safety. Threats, including those made over texts or other electronic messages, can lead to criminal charges such as harassment, assault, or even extortion, depending on the nature of the threat.
Can you go to jail for threatening someone over text?
Yes, threatening someone over text can indeed lead to jail time, as it’s generally considered a criminal offense. This offense typically falls under laws governing harassment, assault, or making terroristic threats, depending on the content and severity of the threat and the laws in your jurisdiction.
What to do if someone threatens to Kill you?
- Document the Threats: Keep a record of all messages, including screenshots, dates, and times. This documentation can serve as crucial evidence if you need to involve the authorities.
- Report to Authorities: Reach out to your local police department to report the threat. Law enforcement can investigate, assess the situation, and potentially issue a protective order against the person threatening you.
- Seek Legal Advice: Consulting with a lawyer can help you understand your rights and the best steps to protect yourself, especially if you feel your safety is at risk.
If you’re in immediate danger, consider contacting emergency services to ensure you receive help quickly.