Threatening Text Messages Can Be Charged as Felony Criminal Threat

26 July 2013

You Can Be Charged with a Felony for Sending Threatening Text Messages – California Penal Code 422

The use of technology has become very dominant in our everyday lives.  The use of text messaging has become of mainstream method of communicating because of the ease and convenience.  However, a simple text message can lead to potential criminal charges if threats are made.

A common scenario is when a couple breaks up and ex-boyfriend/ex-girlfriend sends a threatening text message to the other.  A single text message can lead to a felony charge of criminal threats.

A criminal threat can be a felony with a maximum punishment of three years in state prison.

The content and the context of the text message will determine whether a criminal threat will be charged against you.  The elements of a criminal threat require the threat to include a threat of death or some type of bodily injury.  It has to clearly be a threat that has the immediate prospect of being carried out.  It also has to cause reasonable fear.

It’s rarely a slam dunk case for the prosecution because of the many requirements they need to prove.  It’s important to consult with an experienced Orange County Criminal Threats attorney if you are facing charges.  I practice all over Southern California.  Call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714) 248-DOAN (3626).  I will fight to keep you out of jail and get your case dismissed.  Visit www.OCLegalDefense.com and read the Criminal Threats section for more information.

 

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