If you threaten to kill or physically harm someone, you may be charged with the crime of criminal threats.
We’ve all gotten angry, and said things that we don’t mean. Perhaps you’ve even jokingly said that you are going to “kill someone.” But when does that sort of joke cross the line into a crime?
Under California law, making a criminal threat — formerly known as terrorist threat — is against the law when you threaten to kill or physically harm another person and certain other conditions are met. Specifically, that other person has to be in a state of reasonable sustained fear for his or her safety or the safety of his or her immediate family, the threat has to be specific and unequivocal and you must communicate that threat. The communication can be verbal, in writing or electronic. Even if you don’t have the ability to carry out the threat and don’t intend to follow through on it, if you make a threat against another person that meets these elements, you can be charged with a crime under California law.
So does that mean that joking that you will kill someone can lead to criminal charges? In most cases, the answer is no — but it depends on the situation. The key to a criminal threats charge is that the threat has to be specific, and the person you are threatening has to have a reasonable fear for his or her safety. If you are hanging out with a group of friends, playing a card game, and say, “I’ll kill you” in a laughing manner when someone throws down a card that makes you lose, that isn’t a specific and unequivocal threat that puts your friend in a state of reasonable fear for his or her safety. But if you wait until after the party is over and approach that friend with a gun, and state that you will shoot the friend, that will likely result in a charge of criminal threats. You have now made a specific threat, and your friend has a reasonable fear for his or her safety.
Criminal threats is a wobbler, which means that it can be filed as either a misdemeanor or a felony crime. If it is charged as a misdemeanor, it can result in up to one year in county jail. For a felony crime, criminal threats can lead to a sentence of up to four years in California state prison. However, if you use a dangerous or deal weapon, your sentence will be increased by one year. Additionally, making criminal threats counts as a “strike” under California’s three strikes law, so you must serve a minimum of 85% of your sentence before you can be released.
If you have been charged with a crime such as making criminal threats, you will need the help of a skilled California criminal defense attorney. At the Chambers Law Firm, our team of attorneys and professionals are highly experienced at helping clients who have been charged with all types of crimes, including criminal threats. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation, where we will explain your rights and your options for moving forward with your case.
