Orange County & Los Angeles
Criminal Threats Defense Attorney
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The Short Answer
Criminal threats under Penal Code 422 is one of the few offenses you can be convicted of for words alone, and it is a wobbler that can be a felony and a strike. But the law sets a high bar: the threat must be unequivocal, immediate, and specific, and it must have put the person in sustained, reasonable fear. Angry outbursts, vague statements, and heat-of-the-moment words often fail that test, which makes these cases very defensible, especially where they grew out of a family argument or a breakup.
Criminal threats charges usually come out of emotional moments: a heated argument, a bitter breakup, a road rage exchange, a threatening text sent in anger. Prosecutors, especially alongside domestic violence cases, file them aggressively, but the statute was written to punish genuine, credible threats, not every angry word.
Farris Law Firm defends PC 422 cases across Orange County and Los Angeles. Because so much turns on context, credibility, and the exact words used, these cases reward the kind of preparation a limited-caseload firm can actually provide.
What the Prosecution Must Prove
A threat of great bodily injury or death
The words must threaten serious harm, not just insult, annoy, or warn.
Unequivocal, unconditional, immediate, and specific
Vague or conditional statements often fail this element. This is where many cases fall apart.
Intent that it be taken as a threat
The words must be meant as a threat, communicated by any means: spoken, texted, emailed, or through a third party.
Actual, sustained, and reasonable fear
The person must have genuinely feared for their safety, that fear must have lasted beyond the moment, and it must have been reasonable.
Penalties for Criminal Threats
As a wobbler and a strike, the charge level carries lasting consequences well beyond the sentence.
| Charge | Level | Exposure |
|---|---|---|
| Criminal threats (misdemeanor) | Misdemeanor | Up to 1 year county jail |
| Criminal threats (felony) | Felony (strike) | 16 months, 2, or 3 years state prison |
| With a deadly weapon | Enhancement | An additional year, consecutive |
| Each threat | Separate count | Multiple statements can be charged as multiple counts |
How Criminal Threats Cases Get Won
The statute's strict elements give a prepared defense real openings:
- The words were vague, conditional, or not truly immediate: a failed element means no crime
- No sustained fear: momentary or fleeting fear does not satisfy the statute
- The fear was not reasonable given the full context
- Protected or emotional speech: venting, hyperbole, and anger are not always criminal threats
- False or exaggerated allegations, common in custody disputes and breakups
- Texts and recordings that show the real tone and context of the exchange
Frequently Asked Questions
Can I really be charged with a crime just for something I said?
Yes, PC 422 is one of the few pure-speech crimes in California. But precisely because it punishes words, the law limits it carefully: the threat must be specific, immediate, and credible, and it must have caused sustained, reasonable fear. Many angry statements do not clear that bar, which is the heart of the defense.
I sent the text but I never meant to actually hurt anyone. Does that matter?
It can matter a great deal. The law requires the statement be intended as a threat and be capable of causing sustained, reasonable fear. Context, your relationship, and what happened before and after all shape whether words fired off in frustration meet the legal definition. We build that context.
The alleged victim was only scared for a minute. Is that enough?
Often not. The statute requires sustained fear, meaning more than momentary or fleeting. Where the fear was brief or the person kept interacting normally afterward, that undercuts a key element, and we use it.
This is attached to a domestic violence case. Does that change things?
It raises the stakes and it means the two charges must be defended together, because a weakness in one often helps the other. See our domestic violence pages, and call us: PC 422 counts added to DV cases are frequently the most vulnerable part of the prosecution.
Charged or under investigation? Talk to a defense attorney tonight.
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