Legal Question in Criminal Law in California

Is it a Criminal Threat (California Penal Code Section 422) when the threat is towards a belligerent trespasser who was given clear notice not to step foot into our home but proceeds? Example: "Get off our property or I'll shoot you in the head!"


Asked on 10/07/12, 12:24 pm

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You've apparently been charged with just such crime. You now get to defend against it instead of seeking sympathy here.

If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

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Answered on 10/07/12, 1:50 pm
Anthony Roach Law Office of Anthony A. Roach

To answer your question, the answer is yes.

A "criminal threat" is when you threaten to kill or physically harm someone and that person is thereby placed in a state of reasonably sustained fear for his/her safety or for the safety of his/her immediate family, the threat is specific and unequivocal and you communicate the threat verbally, in writing, or via an electronically transmitted device.

If this crime is charged against you as a felony, it can count as a strike under California's three strikes law. I urge you to get a competent attorney to represent you immediately.

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Answered on 10/07/12, 5:22 pm
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

again it is the distinction between being charged and being convicted ... you can be CHARGED (and apparently you have based on the question and citing the code section) ... as far as being CONVICTED that is mainly up to your attorney. Good luck!

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Answered on 10/08/12, 7:02 pm


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