Los Angeles Criminal Threats Defense: Understanding California PC § 422 Charges

Facing criminal threats charges in Los Angeles can lead to severe consequences, including jail or prison time, fines, and a criminal record that impacts your employment and personal life. Under California Penal Code § 422, criminal threats involve willfully threatening to commit a crime that could result in death or great bodily injury, with the intent to cause fear. At Rogers | Beltran LLP, our experienced Los Angeles criminal threats defense attorneys are dedicated to protecting your rights and fighting for the best possible outcome. Below, we explain criminal threats charges, what the prosecution must prove, common defenses, potential penalties, and critical information to help you navigate these serious charges.

What is a Criminal Threats Charge in California?

California Penal Code § 422 defines criminal threats as willfully threatening to unlawfully kill or cause great bodily injury to another person, with specific intent and circumstances that make the threat credible. This offense is often charged in domestic disputes, workplace conflicts, or public altercations. Key aspects include:

1. Criminal Threats (PC § 422)

  • Description: Involves making a threat, verbally, in writing, or electronically (e.g., text messages, emails), to commit a crime that could result in death or serious injury, with the intent to cause fear.
  • Key Factors: A “wobbler” offense, charged as a misdemeanor or felony based on the circumstances, criminal history, or severity of the threat.

2. Related Charges

  • Description: Criminal threats may be charged alongside related offenses, such as:
    • PC § 236 (false imprisonment, if the threat involves restraint).
    • PC § 273.5 (domestic violence, if the victim is a spouse or partner).
    • PC § 245 (assault with a deadly weapon, if a weapon was referenced).
  • Key Factors: Multiple charges can increase penalties and complicate defense strategies.

What the District Attorney Must Prove in a Criminal Threats Case

To secure a conviction under PC § 422, the Los Angeles DA must prove the following elements beyond a reasonable doubt:

  1. Threat Made: You willfully threatened to unlawfully kill or cause great bodily injury to another person or their immediate family.
  2. Specific Intent: You intended the statement to be taken as a threat, even if you did not intend to carry it out.
  3. Reasonable Fear: The threat caused the victim to be in sustained fear for their safety or their family’s safety.
  4. Credible Threat: The threat was specific and unequivocal, capable of being carried out under the circumstances (e.g., the victim believed it was serious).
  5. Communication: The threat was communicated verbally, in writing, or electronically (e.g., text, email, or social media).

The DA relies on evidence such as victim testimony, text messages, emails, voicemails, witness statements, or social media posts. An experienced Los Angeles criminal threats attorney can challenge this evidence to weaken the prosecution’s case.

Common Defenses to Criminal Threats Charges in Los Angeles

A skilled defense attorney can employ several strategies to fight PC § 422 charges. Common defenses include:

  1. No Specific Intent:
    • If you did not intend for your statement to be taken as a threat, you may not be guilty.
    • Example: You made a heated comment in an argument without intending to cause fear.
  2. No Reasonable Fear:
    • If the victim did not experience sustained fear or the fear was unreasonable, the charge may not apply.
    • Example: The victim knew your statement was a joke or exaggeration.
  3. Vague or Ambiguous Threat:
    • If the threat was not specific or credible, it may not meet the legal definition of a criminal threat.
    • Example: A general statement like “I’m mad at you” lacks specificity.
  4. False Allegations:
    • Charges may stem from misunderstandings or vindictive claims, often in domestic or personal disputes.
    • Example: An ex-partner falsely claimed a threat to retaliate after a breakup.
  5. Free Speech:
    • If the statement was protected under the First Amendment (e.g., political speech or hyperbole), it may not qualify as a criminal threat.
    • Example: A social media post was expressive rather than threatening.
  6. Insufficient Evidence:
    • The prosecution may lack evidence to prove the threat was made or caused fear.
    • Example: No recording or witness corroborates the victim’s claim.

At Rogers | Beltran LLP, our Los Angeles criminal threats defense lawyers will thoroughly investigate your case to identify the most effective defense strategy for your situation.

Potential Penalties for Criminal Threats Convictions in California

Penalties for criminal threats convictions under PC § 422 depend on whether the charge is a misdemeanor or felony, as well as your criminal history. As of July 2025, potential consequences include:

Misdemeanor Criminal Threats (PC § 422)

  • Jail Time: Up to 1 year in county jail.
  • Fines: Up to $1,000 (plus court fees).
  • Probation: Up to 3 years of informal probation, often with conditions like anger management or community service.

Felony Criminal Threats (PC § 422)

  • Prison Time: 16 months, 2, or 3 years in state prison.
  • Fines: Up to $10,000 (plus fees).
  • Probation: Formal probation with conditions like counseling or restitution.
  • Felony Record: Impacts employment, housing, and professional licenses.
  • Strike Offense: Counts as a “strike” under California’s Three Strikes Law.

Additional Consequences

  • Restraining Orders: May restrict contact with the victim for up to 10 years (PC § 646.9).
  • Immigration Consequences: Non-citizens may face deportation or visa issues.
  • Professional License Impacts: Affects licenses for professions like healthcare, law, or security.
  • Civil Lawsuits: Victims may sue for emotional distress, increasing financial liability.

What Else Should You Know About Criminal Threats Charges in Los Angeles?

Criminal threats charges under PC § 422 can significantly impact your life, especially in Los Angeles’s strict enforcement environment. Here are additional details to understand:

The Criminal Threats Charge Process in Los Angeles

  1. Investigation: Police investigate based on victim complaints, text messages, emails, or witness statements. Arrests often occur shortly after the alleged threat.
  2. Arrest and Booking: You may be booked and released on bail or your own recognizance.
  3. Court Proceedings: Your case involves arraignment, pre-trial motions, and possibly a trial. Plea deals may reduce charges (e.g., to disturbing the peace under PC § 415).
  4. Diversion Programs: For misdemeanor PC § 422 charges, judicial diversion (PC § 1001.95) may be available for first-time offenders, dismissing charges upon completion of conditions.

Why You Need a Los Angeles Criminal Threats Attorney

Navigating PC § 422 charges requires legal expertise due to complex evidence and severe penalties. An experienced attorney can:

  • Challenge the prosecution’s evidence, such as proof of intent or sustained fear, to seek dismissal or reduction of charges.
  • Negotiate plea deals to lesser charges like disturbing the peace.
  • Represent you in court to protect your rights and future.
  • Mitigate impacts on your employment or immigration status.

At Rogers | Beltran LLP, our Los Angeles criminal threats defense attorneys have a proven track record of helping clients mitigate the consequences of these charges.

How to Protect Yourself After a Criminal Threats Charge

  1. Do Not Discuss the Case: Avoid talking about the incident with anyone except your attorney, as statements can be used against you.
  2. Document Evidence: Keep records of communications, witnesses, or events supporting your defense (e.g., proof the statement was a misunderstanding).
  3. Hire an Attorney Immediately: Early intervention can lead to dismissed charges or reduced penalties.
  4. Comply with Court Orders: Follow bail or restraining order conditions to avoid additional charges.

Los Angeles-Specific Considerations

  • Urban Context: Los Angeles’s diverse and crowded settings (e.g., nightlife areas, workplaces) increase the likelihood of misunderstandings leading to criminal threats allegations, especially in domestic or social disputes.
  • Local Courts: Cases are typically heard in courts like the Los Angeles Superior Court or Hollywood Courthouse, each with unique procedures.
  • Police Enforcement: LAPD aggressively pursues criminal threats charges, particularly in domestic violence cases, which can be challenged for bias or lack of evidence.

Contact Rogers | Beltran LLP for Experienced Criminal Threats Defense in Los Angeles

A California criminal threats charge under PC § 422 doesn’t have to define your future. At Rogers | Beltran LLP, our dedicated Los Angeles criminal threats attorneys are committed to protecting your rights and fighting for the best possible outcome. Whether you’re facing a misdemeanor or felony charge, we have the expertise to build a strong defense.

Call us today at (213) 900-9004 or fill out our online contact form for a free, confidential consultation. Let us help you navigate the legal process and safeguard your future.