Legal Question in Criminal Law in California

You're asking for information on a scenario that involves so much more than just what you posted here. 422 cases are tough for the DA, but not impossible. The past relationship, etc. would all factor into the case and the alleged victim's testimony is always subject to being challenged, but this is one where you'd have to discuss the case in person and fully with an attorney to get a better feel for what may happen.

If a jury believes her, then her word alone would be sufficient to convict. The basic elements of a violation of Penal Code 422 are:

1. The defendant threatened to kill or seriously injure someone.

2. The defendant intended the statement to be understood as a threat.

3. The threat was so clear, immediate, unconditional, and specific that it communicated a serious intention and the immediate prospect that the threat would be carried out.

4. The victim was actually in sustained fear for her safety.

5. That fear was reasonable under the circumstances.

A violation of Penal Code 422 does NOT require the actual ability to carry out the threat. If the defendant had a violent past and the defendant knew about it, that might help establish that her fear was reasonable, but it is not an element of the offense.

Penal Code 422 is a wobbler, which means it can be charged as either a felony or a misdemeanor. A felony conviction of Penal Code 422 is a strike under the Three Strikes law and can be used to increase the punishment in a future felony prosecution.

These are very serious charges. You should definitely have a criminal defense attorney to help you with this case. If you can't afford to hire an attorney, ask the judge to appoint the Public Defender to represent you.