Getting charged with a domestic violence-related crime doesn't always involve the use of physical force. Under California Penal Code 422, it's a crime to make criminal threats against a victim, and these frequently include a spouse, cohabitant, family member, or co-parent.
Penal Code 422, a serious offense, strictly prohibits making willful threats to commit a crime resulting in significant bodily injury or death to someone. These threats could be made verbally, in writing, or through electronic communication. Additionally, the threat must be made with the intention that it will be perceived as a threat.
It's essential to note that in some cases, PC 422 can be filed as a felony by the prosecutor, which may result in a prison sentence in a California state prison. This possibility underscores the seriousness of the offense and the critical need for effective legal representation.
Criminal threats are frequently directly connected to a domestic violence incident and are far more common than most think. The crime of criminal threats is a “wobbler,” a legal term in California that means the prosecutor can file the case as either a misdemeanor or felony offense, depending on the case details and the defendant's prior criminal record.
This means that the severity of the offense is not fixed and can be determined based on the specific circumstances of the case and the defendant's history.
This flexibility in charging underscores the potential severity of the offense, as it allows for a more severe punishment if the circumstances warrant it. In other words, the prosecutor's decision to charge the offense as a misdemeanor or felony can significantly impact the potential penalties and the seriousness of the legal consequences, making the situation even more serious for the accused.
A felony conviction typically carries harsh penalties and is often considered a “strike” under the three-strikes law. The potential penalties for a felony conviction are severe, and our Los Angeles domestic violence attorneys provide a closer review below, highlighting the serious and potentially life-altering implications of a felony conviction, which can significantly alter the course of your life.
What Must the Prosecutor Prove?
To obtain a conviction against a defendant for Penal Code 422 PC criminal threats, the Los Angeles County prosecutor has to be able to prove all the crucial factors of the offense, which are commonly known as the “elements of the crime,” which are contained in CALCRIM 1300 Jury Instructions. These factors include that a defendant:
- Made threats to kill or cause significant bodily injury to the victim
- Threat was made verbally, in writing, or through electronic communication
- The statement was intended to be understood as a threat
- The threat was immediate, clear, specific, and unconditional
- The threat caused the victim to be in reasonable fear for their safety
It's worth noting that you do not have to threaten specific crimes to be convicted of Penal Code 422 criminal threats. For instance, if you make a threat that could cause great bodily injury, or worse, to your spouse, then it could be considered an unlawful criminal threat.
A significant bodily injury (GBI) is an essential or substantial injury to them. This could include broken bones, severe cuts, or injuries that require hospitalization. If the threat does not rise to this level, it would not generally be considered a PC 422 criminal threat.
It's also worth noting that a criminal threat should not be directed at just a single victim. This could also apply if the threat were directed at a group of people, such as the spouse's family members.
For example, let's say your spouse tells you they want a divorce. In anger, you send threats through group text messaging to her entire family. In this case, family members would need to be in reasonable fear for their safety. This means that the fear they experience must be objectively reasonable, considering the circumstances and the nature of the threat.
Anyone who makes threats to damage a victim's property is not typically enough to support criminal threats charged under Penal Code 422. The danger must involve intent to cause physical harm to the victim.
Criminal Threats Involving Domestic Violence
There are situations where a domestic violence charge might include allegations that you made threats to cause serious injury or even kill your intimate partner. It should be noted that physical contact is not required to be charged with PC 422 criminal threats in a domestic violence case.
Further, you don't even have to be in the exact physical location as your intimate partner due to the fact that criminal threats are frequently made over the phone, text messages, emails, or through other means of electronic communication.
If arrested for Penal Code 422, making criminal threats, you will most likely have a domestic violence restraining order issued against you. The alleged victim could make an application for an emergency protective order and then later submit a petition to the criminal court for a total domestic violence restraining order.
If you make threats of violence against your domestic partner, it could be enough for a Los Angeles criminal court judge to grant a complete restraining order.
In most domestic violence cases, the prosecutor will request that a protective order be issued against you at the arraignment. A protective order remains in effect during the entire period pending your criminal charges. This order can significantly restrict your freedom, as it may prevent you from contacting the alleged victim or going to certain places. Any violation of the protective order could result in new criminal charges, as defined under California Penal Code Section 273.6.
What Are the Penalties for Penal Code 422 Criminal Threats?
Penal Code 422 is a California “wobbler” crime, which means the Los Angeles County prosecutor can file the case as either a misdemeanor or felony.
If you are convicted of misdemeanor criminal threats, you can be sentenced to up to one year in county jail, a fine of up to $1,000, and the judge's terms and conditions of probation.
If you are convicted of felony criminal threats, the penalties are severe, including up to three years in a California state prison and a fine of up to $10,000. If a deadly weapon was used while making the threat, you could receive an additional one year in jail. These penalties underscore the seriousness of a felony conviction.
Furthermore, a felony conviction under Penal Code 422 for criminal threats is considered a “strike” under California's Three Strikes Law. This law mandates that if a person is convicted of a serious or violent felony, such as murder or rape, and has two or more previous serious or violent felony convictions, they must receive a life sentence. In other words, a felony conviction for criminal threats could significantly impact your future, potentially leading to a life sentence if you commit another serious or violent felony.
This can be used to enhance future offenses, potentially leading to a life sentence for a third serious or violent felony conviction.
Defending Penal Code 422 Criminal Threats Charges
Suppose you were charged with making criminal threats related to a domestic violence incident. In such cases, our Los Angeles criminal defense attorneys can employ various strategies to provide you with the best possible defense and outcome.
During the heat of the moment in a domestic violence incident, there are often many false allegations as to what exactly happened, especially on the issue of a criminal threat.
Our lawyers could potentially argue that the alleged victim was not honest with the police or exaggerated the details. This defense strategy can provide hope in challenging the alleged threat, as well as the misunderstood, vague, and not immediately apparent elements of the crime that the prosecutor must prove to obtain a conviction.
Further, perhaps we could argue that your intimate partner was not in fear, another factor that must be proven. Recall that the victim must have taken your statements as a threat and that you intended to cause them harm.
Suppose you were arrested and charged with criminal threats in connection with domestic violence in violation of California Penal Code 422. In that case, call our criminal defense lawyers, who will examine the case details and options.
Cron, Israels & Stark is a criminal defense law firm located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025, and 401 Wilshire Blvd, Suite 1200, Santa Monica, CA 90401. Contact our office for a free case consultation at (424) 372-3112.
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