Learn how California criminal threats charges under Penal Code 422 work, what prosecutors must prove, and the steps that protect your future. Frances Prizzia Criminal Defense Lawyers can help. Call (714) 362-0157 today.
Right now, you are scared, and that makes sense. A criminal threats accusation can feel like it came out of nowhere and put everything you love at risk. Your job, your family, your freedom, and your reputation may suddenly hang in the balance. You do not have to face this alone. Orange County families have trusted Frances Prizzia Criminal Defense Lawyers for more than 21 years to protect them when the stakes are highest. We know these courtrooms, we understand how local prosecutors think, and we fight for our clients with everything we have.
As your Orange County criminal threats lawyer, we will protect your rights and pursue the best possible outcome. Call (714) 362-0157 now for a free case evaluation, and let us start fighting for you today.
A criminal threats charge can turn one heated moment into a felony that follows you for years. From the first phone call, our team takes control of your defense and works to shield you from the worst consequences.
Being accused of criminal threats is frightening, and it is often confusing. Many of the people we defend never intended to harm anyone. A single text, a comment during an argument, or a moment of anger can lead to handcuffs and a court date.
Our team knows how much your freedom and your future depend on what happens next. Our founding attorney has defended Orange County clients for more than 21 years, and our firm has won not-guilty verdicts in serious cases, including assault and battery charges.
We practice what we call Holistic Law. That means we combine aggressive courtroom defense with real, compassionate support for the person behind the case. From our offices in Newport Beach and Tustin, we stand up for clients across Orange County and treat you as a whole person, not a case number.
California defines criminal threats under Penal Code 422. The law makes it a crime to threaten someone with death or great bodily injury when your words place them in real, lasting fear.
You can be charged even if you never planned to act on the threat. This is a specific intent crime, so the focus is on whether you meant your words to be taken as a threat, not on whether you could carry them out.
To secure a conviction, the state must prove all six elements beyond a reasonable doubt:
Under this law, a threat must be more than an offhand or vague comment. Angry words spoken in the heat of an argument do not always meet this legal standard.
Criminal threats charges rarely come from strangers. Most grow out of tense moments between people who already know each other.
We regularly defend clients whose charges arose from:
Criminal threats is a wobbler in California. That means prosecutors can charge it as a misdemeanor or a felony, depending on the facts and your record.
The choice carries very different consequences. A case that begins as a misdemeanor can become a felony when aggravating factors are present.
A misdemeanor conviction can bring:
A felony conviction is far more serious and can bring:
The penalties can climb higher in certain situations. If you used a deadly or dangerous weapon to make the threat, the law allows an additional year in prison.
Each threat can also be charged as a separate offense. Several messages sent during one dispute may lead to several counts, which can quickly increase your exposure.
These cases move through the Orange County Superior Court, and the California Courts self-help guide explains the general steps of a criminal case.
Prison time and fines are only part of the picture. A felony criminal threats conviction reaches into nearly every part of your life.
California treats felony criminal threats as a serious felony. Because of that, a conviction counts as a strike under the state's Three Strikes law, and any future felony would carry harsher, mandatory penalties.
The damage does not stop there. A conviction can also lead to:
A felony conviction triggers a lifetime firearms prohibition under California law. For non-citizens, the stakes are especially high, because a threat of violence can be treated as a crime involving moral turpitude. We work carefully to protect your ability to remain in the country.
A charge is not a conviction. Prosecutors carry the full burden of proving every element, and there are many ways to challenge their case.
Our team investigates what was really said, what you actually meant, and how the other person truly reacted. From there, we build a defense designed around the facts of your situation.
Common defenses to a criminal threats charge include:
We also examine how any messages were collected and whether police respected your constitutional rights. When the evidence is weak, we push hard for reduced charges or a full dismissal.
Is criminal threats a felony or a misdemeanor in California?
It can be either. Criminal threats is a wobbler, so prosecutors decide based on the facts and your history. A misdemeanor carries up to 1 year in county jail, while a felony can bring up to 3 years in state prison.
Can I be charged for words alone?
Yes. Spoken words, written messages, and electronic communications can all support a charge. What matters is whether those words placed someone in reasonable, sustained fear for their safety.
What if I never meant to carry out the threat?
You can still be charged, because the law does not require an intent to act. Prosecutors must still prove you meant the statement to be taken as a threat, and that requirement often becomes a strong point of defense.
Is a criminal threats conviction a strike?
A felony conviction is. California lists felony criminal threats as a serious felony, so it counts as a strike under the Three Strikes law. A strike can double the sentence on any future felony.
What if the accusation came from an argument or is false?
These situations are common, and they matter to your defense. Words spoken in a heated moment may not meet the legal standard, and accusations during breakups or custody disputes are sometimes exaggerated. We investigate the full context to expose weaknesses in the claim.
Do I really need a lawyer for a criminal threats charge?
Yes. This charge can become a felony strike with lasting consequences for your freedom, your record, and your future. An experienced Orange County criminal threats lawyer can protect your rights and fight for the best possible outcome.
You do not have to face this alone. A criminal threats charge is serious, but the right defense can change how your case ends.
At Frances Prizzia Criminal Defense Lawyers, we defend people across Orange County with a blend of aggressive advocacy and true compassion. We will protect your rights, challenge the evidence, and stand beside you at every step.
Call (714) 362-0157 today to speak with an Orange County criminal threats lawyer and schedule your free case evaluation.
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