Legal Question in Criminal Law in California

threat

Is it a felony threat to yell out a window at a person?

You�re dead when I get out of here


Asked on 7/29/07, 12:10 pm

3 Answers from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: threat

Could be filed as a misdemeanor or a felony. Could possibly not be filed at all. Even if filed, there could be a valid defense to it.

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Answered on 7/29/07, 1:59 pm
Michael Meyer Law Ofc. Of Michael J. Meyer

Re: threat

Penal Code Section 422 makes this conduct a misdemeanor, provided you have the immediate ability to carry out the threat.

If "when I get out of here," means the speaker is in custody, then there may not be an immediate ability, and this could be a defense.

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Answered on 7/29/07, 2:41 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: threat

Maybe, depending upon the circumstances.

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Answered on 7/29/07, 5:28 pm


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