Criminal Threats

A criminal threat or terroristic threat is a threat that a person is going to harm or kill another person or organization. You will want to secure legal representation with an experienced attorney if someone has accused you of making criminal threats. You can end up with a conviction for a misdemeanor crime or a felony crime, both of which can land you in jail and leave you in financial dire straits and reputation ruins. Fortunately, the right attorney can shield you from such destruction.

Information About Criminal Threats

A criminal threat is one that places the recipient in fear of losing his or her life or being harmed in the manner that the threatening party describes. The charge of criminal threats means that you stated that your were going to hurt the recipient or a family member or friend of the recipient. The contact that you made could have been in-person contact, electronic contact or telephonic contact. The nature of the verbal exchange and the reaction of the recipient determine the charge in many cases.

Examples of Criminal Threats

One example of a criminal threat is when a former boyfriend or girlfriend threatens to beat up the new mate or kill the new mate. Another example of such a threat is telling someone that he or she will “pay in blood” for some offense that the person committed. Humans are not allowed to demand payment in blood. A seasoned attorney can help you with a defense for this charge if a misunderstanding occurred. The court will consider numerous factors, including your history of relating to the other party and the circumstances surrounding the threats. Hiring an attorney is imperative, however. You do not want to handle such a situation on your own.

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Legal Scenario: What Would You Do?

Scenario

After a heated argument with your neighbor over a property dispute, you sent a text message saying you would 'make them regret ever crossing you' and that they 'wouldn't feel safe in their own home.' Your neighbor screenshot the messages and filed a police report, and now a detective is calling you to come in for questioning.

Can I really be charged with making criminal threats over a text message, even though I never intended to actually hurt anyone?

Attorney's Answer

Yes, criminal threats can absolutely be charged based on text messages, emails, or any other form of communication — the law does not require that the threat be made face-to-face or that you had the actual ability to carry it out. Under most state statutes, such as California Penal Code Section 422, a criminal threat occurs when you willfully threaten to commit a crime that would result in death or great bodily injury, the statement is made with the specific intent to be taken as a threat, and it causes the recipient to be in sustained fear for their safety. Depending on the severity and circumstances, this charge can be filed as either a misdemeanor carrying up to one year in county jail or a felony punishable by up to three years in state prison. You should not speak with the detective without an attorney present, as anything you say — including attempts to explain your intent — can be used to establish the elements of the offense against you.

This is general information only. Contact us for advice specific to your situation.

Penalties for Criminal Threats