San Fernando Valley Criminal Threats Lawyer
WHAT IS YOUR BEST STRATEGY IF YOU HAVE A CRIMINAL THREATS (PENAL CODE SECTION 422) CASE?
In today’s day and age, this type of crime is taken very seriously by the police, prosecutors and judges. In order to avoid an extremely harsh sentence for my clients, I find myself in the position of convincing the powers that be that my client is not dangerous and if he or she did threaten someone, that they would never actually do anything.
This type of analysis takes a lot of different components to be successful. The prosecutor and judge will consider such things as, did the person have the means to carry out the threat?, did they ever commit a violent crime in the past?, what led them to make such a threat?, did the alleged victim provoke them and of course they will look at why the threat was made and the circumstances surrounding it.
The key issue to hurdle is if the powers that be give the client a break, will it come back to haunt them. This is what the judge and prosecutor are thinking about when they make their final decision on their position related to the defendant.
Their worse nightmare is that they give someone a break who made a serious threat and then the person goes out and actually carries out the threat. This will come back to the prosecutor and judge and can possibly effect their reputation and position. With these kind of stakes on the line, I make sure that we work hard to show that the subject client is a good person who simply lost their temper.
WHY ARE CRIMINAL THREAT CASES TREATED SO SERIOUSLY?
I remember when the “Three Strikes Law” was passed in the early 1990’s and the impact it has had on the criminal justice system. Criminal threats was not originally considered a strike and for years really was not treated that seriously.
However, for whatever political reason, it became a strike and has sent many people to prison over the years and destroyed people’s career’s and lives in many circumstances. For some reason, the legislature has determined that when someone threatens another in a criminal manner, they are going to come down hard on them.
However, I have had success in getting these cases reduced to misdemeanors and even dismissed under the right circumstances. Frankly, sometimes the alleged victim does something so horrible to the defendant that they deserve to be threatened.
This is where I fight with everything I have to make things right for my clients. Come and sit down with me and lets discuss all of the facts and circumstances of your case and life and make sure you achieve the right result!
THE LAW ON CRIMINAL THREATS IN SAN FERNANDO VALLEY
To willfully threaten to commit a crime which is likely to result in death or great bodily injury is considered a criminal threat and is punishable under California Penal Code section 422. The threat can be verbal, written, or by electronic communication and the person making the threat has to have the specific intent of making a threat.
The crime of criminal threats is considered a wobbler, meaning that it may be charged as a misdemeanor or a felony depending on several factors such as prior criminal history.
If charged as a felony, it will count as a strike under the California Three Strikes Law; if it happens to be your third strike, you may face 25 years to life in prison. If you are facing a criminal threat charge in San Fernando Court or the Van Nuys Court, we will do everything we possibly can to prevent a strike from going on your record.
A conviction for criminal threats can result in anywhere from 16 and up to 36 months in state prison. Criminal history and specific circumstances may increase the sentence.