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Criminal Defense Attorney in Riverside CA Gregory H. Comings

Criminal Threats and Domestic Violence

If you have been accused of making criminal threats, you are likely facing serious legal consequences. In California, criminal threats are considered a serious offense and can result in significant jail time and fines. If you are facing criminal threats charges, it is essential to seek the help of a criminal threats attorney as soon as possible.

A criminal threats attorney can provide you with the legal guidance and representation you need to navigate the legal system. They can help you understand the charges against you, develop a strong defense strategy, and negotiate with prosecutors to reduce your charges or sentence. With their knowledge and experience, a criminal threats attorney can help you achieve the best possible outcome in your case.

What is a Criminal Threat?

A criminal threat is a crime that involves threatening to harm someone or commit a violent crime against them. It can be verbal, written, or through electronic communication. The threat must be specific and credible to be considered a criminal threat.

To be convicted of criminal threat, two elements must be proven: 1) the defendant intended to cause fear and 2) the victim was legitimately afraid. The threat must also be such that a reasonable person would be afraid under similar circumstances.

It is important to note that the threat does not have to be carried out for it to be considered a crime. Under California law, it’s a crime to make a clear threat to cause harm to another person. When criminal threats are made against specific persons, such as a spouse, boyfriend, girlfriend, cohabitant, or co-parent, the prosecution may charge the crime as a domestic violence offense.

Examples of Criminal Threats

It’s important to understand what constitutes a criminal threat. Here are a few examples of criminal threats:

  • Holding a gun while threatening to shoot someone.
  • Threatening to inflict bodily harm on somebody through a text
  • Threatening over a phone call to set fire to or cause an explosion at an individual’s residence or a place of business.

It’s important to note that a criminal threat does not have to be carried out in order for it to be considered a crime. The mere act of making the threat can be enough to result in charges.

Finding an Experienced Criminal Threats Attorney

If you have been charged with criminal threats, it is crucial to find an experienced criminal threats attorney to represent you. A criminal threats attorney will have the knowledge and experience necessary to help you navigate the legal system and fight the charges against you.

At Comings Law, we handle criminal threat cases, as well as a wide range of other criminal defense matters. Our criminal threats attorney, Gregory H. Comings, has extensive experience defending clients against violent crimes, assault, criminal threats, drug possession, and domestic violence offenses in Riverside County and the surrounding area.

When you work with Comings Law, you can be confident that you are getting the knowledgeable and experienced representation you need to fight your criminal threats charges.

Contact us today to set up a time to speak with our criminal threats attorney and better understand how we can help your situation.

Understanding California Law and 422 PC Criminal Threats

Willfully threatening to commit an act that can result in death or great bodily injury to another is a crime according to California Penal Code 422. These can be verbal or written threats. Domestic violence charges may result if that person falls under the relationship of a spouse, boyfriend, co-parent, or cohabitant, among other relations. This serious crime may be charged as a felony, leading to prison sentences for those convicted.

These threats include electronic communications, including cyberstalking. The victim and the suspect need not be physically in the same location. However, as an element of criminal threats, the threat must have been intended to be taken as a threat. The threat must have been clear and unconditional. Finally, the threat must have caused the person to be in reasonable fear for their safety.

For example, sending a threatening text message to your girlfriend that you intend to hurt her may meet the elements of Penal Code 422. If the text instead stated that you would damage her property, this may not meet the requirements for a charge of criminal threats.

Is 422 PC a Felony or Misdemeanor?

Charges under 422 PC are known as “wobbler offenses”, where criminal threats and/or domestic violence cases may be filed as a misdemeanor or a felony. It depends on the circumstances surrounding the crime, the defendant’s criminal history, and other factors.

  • A misdemeanor conviction for PC 422 may include up to one year in county jail, as well as probation.
  • A felony conviction can lead to a sentence of up to three years in a California state prison.
  • If a deadly or dangerous weapon was used, there may be an additional year of prison.

Felony convictions under PC 422 are considered a “strike” under California’s Three Strikes Law.

In most cases, the prosecution requires a protective order at the time of the defendant’s arraignment. While the criminal charges are pending, the order remains in force. If the protective order is violated, new criminal charges may result under California Penal Code Section 273.6 PC.

Consult an Assertive Criminal Threats Attorney About Your Case

Riverside County lawyer Gregory H. Comings is prepared to assist clients in need of a criminal threats lawyer or legal representation for criminal charges based on sex offenses, or other crimes.

Our goal is to tailor a defense to the specific facts of the case in order to reduce or even dismiss pending charges. To discuss your case with a knowledgeable domestic violence and criminal threats attorney, call (951) 686-3457 or reach us online.

We serve clients throughout Riverside as well as nearby communities of Palm Desert, Indio, San Bernardino, and more.

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