WobblerCalifornia · Penal Code § 422
Criminal Threats
Threatening to kill or badly hurt someone so they are truly afraid.
Can be charged as a felony OR a misdemeanor.
What the prosecutor must prove
They must prove every one of these. If one is missing, you should not be found guilty.
- 1You threatened to kill or seriously hurt someone.
- 2You meant it to be taken as a threat.
- 3The threat was clear and immediate.
- 4The person was really afraid, and that fear was reasonable.
Possible punishment
Misdemeanor: up to 1 year jail. Felony: 16 months, 2, or 3 years.
Good to know: Felony version is a strike.
