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 establish all of the following:
- The defendant “willfully threatened to commit a crime which will result in death or great bodily injury to another person,”
- The defendant made the threat “with the specific intent that the statement . . . is to be taken as a threat, even if there is no intent of actually carrying it out,”
- The threat which may be made verbally, in writing, or by means of an electronic communication device was “on its face and under the circumstances in which it was made so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat,
- The threat actually caused the person threatened to be in sustained fear for his or her own safety or for his or her immediate family’s safety, and
- The threatened person’s fear was reasonable under the circumstances.
All of the above elements must be met in order to be convicted of this crime. Criminal threats allegations require experienced legal counsel like the attorneys at Wallin & Klarich.
Call the Criminal Defense Attorneys at Wallin & Klarich
If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of criminal threats for over 30 years.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (888) 280-6839 for a free phone consultation. We will be there when you call.