Criminal threats is a crime codified as Penal Code (PC) section 422. It is a very serious crime that must be taken seriously by everyone involved: you, your attorney, the judge, and the prosecutors.
A couple weeks ago the Monterey County District Attorney’s office dismissed charges of Criminal Threats against a fellow who went on an angry rant about killing staff at the Salinas Valley Memorial Hospital. The case is an excellent example of the way the criminal judicial process should happen. Prosecutors and the defendant’s lawyer are supposed to look at the facts and see whether or not there is sufficient evidence to prove a crime committed. The DA’s office knew they couldn’t prove at least one of the elements of the crime, so they dismissed the case.
If you are charged with criminal threats in California, you need a lawyer who knows the elements of the crime, so that he can fight for you to get the case dismissed. The elements of the crime are the facts that the prosecutors have to prove in front of a jury in order to convict you. If they can’t prove even one of the elements, you are not guilty of criminal threats. I’ve written a very detailed explanation of the elements of the crime criminal threats in California with examples to help you understand how to defend yourself against these serious charges. My article also discusses what you should do to prepare your defense and the possible punishment you face if convicted. Make sure you consult with a qualified attorney about your specific case before taking any action.
