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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.

  1. 1You threatened to kill or seriously hurt someone.
  2. 2You meant it to be taken as a threat.
  3. 3The threat was clear and immediate.
  4. 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.