What You Need To Know If You Are Charged With “Criminal Threats” (PC 422) In California

Criminal Threats can Be Charged as a Felony or a Misdemeanor

A criminal threat under Penal Code 422 is a “wobbler” under California law which means that you can be charged with a felony or a misdemeanor by the District Attorney. There have been cases where the police have arrested people on misdemeanor criminal threats charges and the prosecution decided to file the case as a felony.  There have also been many cases where the police have arrested people on felony criminal threats charges and the prosecution decided to file a misdemeanor instead.  The prosecution has complete discretion in deciding whether to file this charge as a felony or misdemeanor and will consider factors such as the facts of your specific case and your criminal history in making their decision.

Felony Criminal Threats is a “Strike” Offense Under California Law

If charged as a felony criminal threats is a “strike” offense in California and if convicted of this felony charge you will have to serve up to 85% of your sentence if you are sentenced to prison.  Your punishment for future felonies would also be doubled if convicted of this charge and you would also be 1/3 of the way to a potential 25 to life three strikes case in the future.

Criminal Threats under California Penal Code 422 is a very serious crime that can have a devastating impact on your life if convicted. If you or a loved one is being charged with criminal threats in California then it is imperative that you consult with an experienced and aggressive criminal defense attorney.  The attorneys at Wallin & Klarich have been representing clients facing cases like this for over 40 years.  Call us today at 888-749-0034 for a consultation.  We will be there when you call.