Legal Question in Criminal Law in California

Re: DUI and Threat

no, from the facts given so far. if the person who made the "threat" qualified the threat signifying that a "girl" was needed in order for such an assault and/or battery to occur, the threat would not be actionable per se. if you would like a free phone consultation on this matter, email us directly with your contact information today.

Re: DUI and Threat

Thank you for your inquiry. Unfortunately, most prosecutors are using terrorist threat charges everywhere they think it may fit, either to give them leverage or to show they are being aggressive on crime. This is a crime that has been used in the past 5 years in an astounding number of cases everywhere the prosecutor thinks that "intent to terrorize" exists.

However, as Mr. Torrey pointed out, you don't have an unqualified threat here -- the statement was "IF" you were a girl..., defeating the intent element of Penal Code section 422, Terrorist Threats, in my opinion.

If you'd like more information, have further questions, or think you need legal representation, I'd be happy to discuss this further. Please contact me via email at [email protected]. It's my pleasure to help in any way that I can.