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Understanding California State Crimes Providing the Penal Code for Access to Important Information

Criminal Threats, Penal Code 422

If you have been charged with Criminal Threats, contact Los Angeles Criminal Defense Attorney, Robert M. Bernstein at (888) 316-9513 today.


Criminal Threats

Penal Code § 422. Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes
that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

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Look Through Some of Our Recent Case Results
  • Probation Our Client was Facing 20 Years in Prison for Cocaine Poss. with Intent to Sell. Received Probation.
  • Probation - No Jail Time Our Client was Facing 6 Years in Prison for Embezzlement of $250,000+. Probation - No Jail Time
  • Probation with Home Detention Our San Bernardino Client was Facing up to 6 Years in Prison for Vehicular Manslaughter. Probation with Home Detention.
  • Case Dismissed Our Client out of Beverly Hills Court Faced up to 18 Years in Prison if Convicted of Molestation / Lewd Conduct. Case Dismissed.
  • Not Guilty at Trial In Federal Court, Our Client was facing 8-14 Months in Federal Prison for Insurance Fraud. Not Guilty at Trial
  • Probation with Drug Rehabilitation Our client was Facing 8 Years in Prison for Sale of Ecstasy (3000+ tablets).Probation with Drug Rehabilitation.
  • Probation - No Jail Time Our client was Facing 6 Years in Prison for Grand Theft $60,000+. Probation - No Jail Time.
  • Case Dismissed Our client was Facing 15 to Life in Prison for Armed Robbery with a Fire Arm. Case Dismissed.
  • Probation - No Jail Time Our Client was Facing 18-24 Months in Federal Prison for Mail Fraud. Probation - No Jail Time.
  • Case Dismissed - Illegal Search Our Client was Facing 120 months (10 years) in Federal Prison for Narcotics Trafficking. Case Dismissed - Illegal Search.

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