Terroristic Threats PC 422

The way most people understand the terms “fear” and “threat” are not necessarily congruent with the law’s definitions under California PC 422. In order to secure a conviction, a prosecutor will need to prove that your threats and the alleged victim’s fear meet the legal meaning of those words.

Defining “Fear” Under PC 422

In the context of a criminal threats offense, an alleged victim’s “fear” must be actual, reasonable and sustained. Here’s a breakdown of each term:

• Actual fear. Before you can be convicted of terroristic threats under PC 422, a prosecutor must prove that an alleged victim actually feared for their safety and believed the threat was credible. This criteria may be satisfied if you delivered your threat in person or through a third party, although you can still be prosecuted if you do not.
• Reasonable fear. In the eyes of the law, fear is not considered reasonable if it is in response to silly or unreasonable threats. To pursue conviction, the prosecution must demonstrate that an alleged victim was reasonable in believing your threat to be imminent.
• Sustained fear. Although it can be difficult to place an alleged victim’s fear in the context of a timeframe, California courts typically define sustained fear as a state of mind that extends beyond momentary or fleeting fear.

In summary, prosecutors must prove that fear is actual, reasonable and sustained in order to pursue conviction against an alleged offender. In addition to demonstrating these elements, prosecution must also ensure that the alleged victim’s threats meet the necessary criteria.

Defining “Threats” Under PC 422

Although PC 422 states that a threat should be “unequivocal, unconditional, immediate and specific,” conditional or empty threats can also be prosecuted as terroristic or criminal threats. Here’s how conditional and empty threats are defined by PC 422:

• Conditional threats. Conditional threats are ones that are issued as a condition, typically formulated as when or if something happens. Depending on the specific details of the situation, conditional threats may be considered extortion or blackmail, both of which have legal consequences outside of PC 422. The most important thing to understand, though, is that conditional threats are considered criminal when made with a sense of purpose and likelihood.
• Empty threats. Empty threats are ones that the issuer does not intend to carry out and are typically used as a scare tactic. However, the question of whether you actually intend to carry a threat to fruition is irrelevant when it comes to criminal threats prosecution. As long as you convey the threat in a credible manner, you may face criminal charges.

In most cases, a judge will need to evaluate statements related to the alleged offense in order to determine whether or not an actual threat was leveled.

Penal Code 422 is what’s known as a “wobbler,” meaning that it can be charged as either a misdemeanor or a felony. Although any criminal conviction carries serious consequences, felony convictions tend to incur more severe penalties.

As with most criminal offenses, your penalties for a PC 422 conviction will be largely determined by the circumstances of your alleged offense and by your criminal history. Here are some of the possible penalties, depending on the classification of your alleged crime:

• A misdemeanor conviction of criminal threats can result in up to one year in county jail and up to $1,000 in fines.
• A felony conviction of criminal threats can incur a penalty of up to three years in California state prison and up to $10,000 in fines.

Other factors can result in extra penalties. For example, if you use a deadly or dangerous weapon to communicate a threat, you may be served with an additional and consecutive one-year sentence in a state prison. Additionally, if you make threats on more than one occasion, against multiple parties or to pursue a different objective, you may face penalties for each individual threat you communicate.

According to California’s “Three-Strikes Law,” a PC 422 conviction can incur severe penalties when it represents an alleged offender’s third felony charge. In these cases, a habitual offender may be considered a third-striker and face a mandatory minimum sentence of 25 years in prison.