Criminal Threats – Elements – California Penal Code 422
Los Angeles Criminal Threats Attorney
If you’re being charged with criminal threats, the following list the specific elements that the prosecution must prove to convict you. It is also the instructions that the jury will read in determining the verdict. Call the Law Offices of Nam Q. Doan today at (714) 248-DOAN (3626) or visit www.OCLegalDefense.com for more information.
Elements:
The defendant is charged with having made a criminal threat in violation of Penal Code section 422.
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to <insert name of complaining witness or member[s] of complaining witness’s immediate family>;
- The defendant made the threat (orally/in writing/by electronic communication device);
- The defendant intended that (his/her) statement be understood as a threat [and intended that it be communicated to <insert name of complaining witness>];
- The threat was so clear, immediate, unconditional, and specific that it communicated to <insert name of complaining witness> a serious intention and the immediate prospect that the threat would be carried out;
- The threat actually caused <insert name of complaining witness> to be in sustained fear for (his/her) own safety [or for the safety of (his/her) immediate family]; AND
- The complaining witness’ fear was reasonable under the circumstances.
Additional Information:
Someone commits an act willfully when he or she does it willingly or on purpose.
In deciding whether a threat was sufficiently clear, immediate, unconditional, and specific, consider the words themselves, as well as the surrounding circumstances.
Someone who intends that a statement be understood as a threat does not have to actually intend to carry out the threatened act [or intend to have someone else do so].
Great bodily injury means significant or substantial physical injury.
It is an injury that is greater than minor or moderate harm.
Sustained fear means fear for a period of time that is more than momentary, fleeting, or transitory.
[An immediate ability to carry out the threat is not required.]
[An electronic communication device includes, but is not limited to: a telephone, cellular telephone, pager, computer, video recorder, or fax machine.]
[Immediate family means (a) any spouse, parents, and children; (b) any grandchildren, grandparents, brothers and sisters related by blood or marriage; or (c) any person who regularly lives in the other person’s household [or who regularly lived there within the prior six months].]