Legal Question in Criminal Law in California

Such a telephone message could be considered to be a terrorist threat. As such it would be a crime. Whether or not the district attorney would seek to file criminal charges is difficult to say. As it would depend upon policy of the district attorney, the criminal history if any of the person making the statement. The age of the person making the threat would also be factor considered by the da. If you are the one that made the threat, do not discuss it anyone, but your attorney. If the threat was made against you then discuss it with individuals you trust, and an attorney.

First, some common sense advice: Do not say anything in an email or voicemail that you would not say with a police officer standing right next to you.

Threatening to kill or seriously injure someone can be a criminal threat under Penal Code �422. (I wish people, especially defense attorneys, would stop using the term "terrorist threat" because it is not part of the statute and is very prejudicial in the current political climate.)

Penal Code �422 is a wobbler, which means it can be charged as a misdemeanor with a maximum sentence of a year in jail, or a felony, which carries a maximum sentence of three years in state prison and is considered a strike under the Three Strikes law.

In the example above, the statement MIGHT not be a violation of Penal Code �422 because it was conditional: "I will kill you *if* you talk to my girlfriend again." However, a jury can consider the surrounding circumstances to determine whether it meets the standard for conviction.

Even if it doesn't rise to the level of a violation of Penal Code �422, it might still constitute a harassing phone call under Penal Code �653m, which can also land the caller in jail.

I agree that you need to talk to an attorney if you made this phone call. If the police contact you or arrest you, tell them you will not speak to anyone about the case without an attorney present. If you can't afford an attorney and you are arrested or charged, tell the judge at your first court appearance that you would like a Public Defender.

"THEY will kill YOU"? No, that is not a crime, just a foolish use of dangerous words. Saying you will kill them, certainly is a crime with serious penalties. Which was it? Any threat made over the phone by you of doing harm to someone is a chargeable crime under both state and federal laws. If you are criminally charged, feel free to contact me for the legal help you most certainly need.