Criminal Threats
Is Prank Calling Illegal? When Can A Harmless Joke Turn Criminal?
Is Prank Calling Illegal? Prank calling can seem like harmless fun, but depending on what’s said, it may turn into a criminal offense. If you or someone you know has been charged with prank calling in California, it’s important to understand the implications and punishments that could come with this crime. Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome…
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Can Cops Use Your Cellphone to Find You if You Left It at a Crime Scene?
You’ve just committed a crime, but you dropped your smartphone while you were doing it. Now the police arrive to investigate the scene of the crime, and they find your phone. Are they allowed to use the phone to find you? Do they need a warrant to check your phone? This situation was called into question in a recent case. Using Your Phone to Find You The California case involved…
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Personal Foul: Free Speech, Ashley Judd, and Social Media Threats
The NCAA men’s basketball tournament didn’t get the nickname “March Madness” just from its tendency to produce shocking results. The nickname also comes from the craziness of the sport’s fans that live and die with every shot, rebound, or bad call against their team. Such is the case with Ashley Judd. The famed movie actress is one of the most well-known and vocal fans of the University of Kentucky basketball…
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Should Threats Made on Social Media Lead to Prison Time?
Recently, the United States Supreme Court heard oral argument in the first case that seeks to limit an individual’s right to free speech on social media. The case, Elonis v. United States, concerns Anthony Elonis, an Allentown, Pennsylvania man.1 Elonis’s wife left him in 2010, taking their two children. Following her departure, Elonis allegedly made death threats to his estranged wife, local law enforcement officers, an FBI agent, and a…
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How Making Criminal Threats against a Dog Can Make a Bad Situation Worse (PC 422)
In a recent California criminal case, a court affirmed that a criminal threat does not have to be made directly to the victim as long as the victim takes the statement as a threat. The decision stems from a carjacking case where the defendant, Lipsett, and an accomplice were attempting to steal a dirt bike from the home of Smith, the victim. Smith came out of the house with his…
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8 Things to Expect if You are Charged with Criminal Threats in Los Angeles – PC Section 422
A charge of criminal threats in Los Angeles can have serious and long-lasting consequences if you are convicted of this crime. A criminal threat means you threaten to cause great bodily injury or death to a person. Each of the following elements must be proven by the prosecution in order for you to be found guilty of the crime of criminal threats. The threat is communicated verbally, in writing, or…
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I Am Being Charged With Criminal Threats In Ventura. (PC 422).
The Ventura Criminal Threats Defense Attorneys at Wallin & Klarich have been successfully representing clients charged with criminal threats for well over 30 years. Our attorneys have the skill and expertise to provide you with the best possible defense and outcome in your case. What Is A Criminal Threat? A "criminal threat" according to California Penal Code Section 422 is when you: • Willfully threaten to kill or physically harm…
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I have been charged with a criminal threat in Ventura County. What sentence do I face if convicted? (CPC 422)
If you have been charged with giving a criminal threat under California Penal Code section 422 you face the possibility of serious consequences, including jail time and substantial fines. It is important that you contact a Ventura criminal threats attorney immediately if you have been charged with giving a criminal threat. In order for you to be convicted of making a criminal threat under California Penal Code section 422 the…
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What to Do if Charged with Making Criminal Threats
Criminal threats is a form of assault. If you are charged with this crime in Ventura, it is important to immediately contact a Ventura assualt attorney to avoid the potential consequences that come with being found guilty of this crime. The elements to convict for criminal threats are defined in People v. Toledo (2001) 26 Cal.4th 221, 227-228. In order to prove a violation of section 422, the prosecution must…
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3 Things You Should Know About Criminal Threats (Penal Code 422)
Criminal threats or "terrorist threats" is a serious crime in California and is defined as "Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually…
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