Legal Question in Criminal Law in California

This is nothing to mess with. Penal Code section 422 - criminal threats - can be either a felony or a misdemeanor. If it's a felony, it is a "strike" under the 3 strikes law.

They may not be able to prove this if your threat was conditional and didn't instill fear in the alleged victim.

Do NOT help them build a case against you. You should politely, but firmly, decline to make any statements to law enforcement without your lawyer. You may want to schedule an in-person consultation with a local criminal defense attorney to discuss things further.

In addition to what Mr. Dane has said, your friend cannot "drop charges" against you. Once he makes the police report, the ultimate decision is up to the District Attorney to decide whether to file charges, and which charges to file. His decision to "drop charges" can be used in your favor, but nothing happens automatically. As Mr. Dane has said, you should not be talking to the cops (now or ever), and a criminal lawyer at this early stage may be able to have a major impact in the outcome of this case. If you'd like to talk to me, please don't hesitate to call me immediately. Steve Mandell 310 393 0639. Good luck.

CAN they charge you? Of course. If they think they can convict you. Your 'friend's' change of mind does not affect that.

Whenever threatened, arrested or charged with any crime, �what can you do�? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] is to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except through an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.