Panorama City, CA asked in Criminal Law for California

Q: What charge is PC42217B4

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Penal Code 422(a) - Law section

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?...422.&lawCode...

(a) Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually ...

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my guess is that you are reading the penal code violation wrong.

Ghazal Sharif
Ghazal Sharif
Answered
  • Criminal Law Lawyer
  • Pleasanton, CA
  • Licensed in California

A: In California, making a criminal threat is charged under Penal Code section 422. To prove a person is guilty of this crime, the prosecutor must prove the following elements:

(1) The defendant willfully threatened to kill or cause great bodily harm to another;

(2) The defendant conveyed a threat verbally, in writing, or via electronic device;

(3) The defendant harbored the intent that the statement be taken as a threat;

(4) The threat was unconditional, immediate, clear, and specific that it could be carried out; and

(5) The other person sustained reasonable fear for their safety or the safety of an immediate family member.

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