Lakeside, CA asked in Criminal Law for California

Q: Someone wished me death online ( twitter ) . How do I proceed legally to sue that person ?

Related Topics:
3 Lawyer Answers
David Stephen Kestenbaum
David Stephen Kestenbaum
Answered
  • Criminal Law Lawyer
  • Van Nuys, CA
  • Licensed in California

A: This is not an issue for a civil suit (what are your damages?) so it was transferred to Criminal. If you have in fact been threatened you should make a police report. Give the evidence of the threat (voice mail, email, text, video) to them and they will investigate and, if they feel there was a credible threat, they will present it to the Prosecutor to evaluate. The Penal Code section is 422.

Good luck!

1 user found this answer helpful

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

A: more info needed.

call the police to see if they would do anything with the facts you present........

and contact a local personal injury lawyer.........however, I doubt if they would take the case IF you could afford to pay them on an hourly.

you can always sue in small claims for up to $10k

Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: Being subjected to death threats, in California, is considered the commission of a "terrorist act" and you could recover damages from the individual without proof of a specific injury (you don't have to be killed first) as the court can award you damages for emotional distress and punitive damages against the threat maker.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.