Criminal threats are any threats that are issued either in writing, over the phone, electronically, or verbally that cause reasonable fear for a victim. The threats must put someone in fear in order to be criminal. Every state has their own definition of a criminal threat, but typically, when you threaten to kill or physical harm someone, this is considered a criminal threat. The threat must place a person into a state of fear for his or her safety of the safety of his or her immediate family, or must be specific and unequivocal. Some states also require that the threat be communicated. This can be done verbally, electronically, or in writing.
Criminal threats can be charged regardless of whether or not you had the ability or even the intention to carry out the threat. For example, if you are joking with a friend at college and send death threat e-mails from a secret account, but have no intention of ever doing any harm to the victim, you can still be charged with a criminal threat crime and may be required to serve serious penalties as a result.
Many people think that criminal threats are something to be taken lightly and treat them almost like a prank. Yet the criminal justice system sees criminal threats as a serious offense and has put serious penalties in place for those that are charged with this crime. Another example of a criminal threat is if a neighbor puts a note in a neighbor's mailbox saying that he intends to kill the neighbor if his dog does not stop barking or if he does not stop having parties late at night. Even though the neighbor may just be exaggerating, this can still be considered a criminal threat.
Each state has their own penalties for criminal threats and criminal threat is typically a "wobbler" crime. This means that depending on the nature of the offense, it can be a misdemeanor or a felony. In California, for example, misdemeanor criminal threats can result in more than one year in county jail. If you are convicted of a felony, then you can face up to four years in a California state prison. Using a dangerous or deadly weapon increases your sentence by one year.
Because criminal threats are a strike under California's three strikes law, a person convicted of a criminal threat in this state is required to serve at least 85% of his or her sentence before being eligible for release. There are a variety of different defenses that criminal defense lawyers can employ when they are defending a person who has been accused of this crime. For one, if the threat was not specific, or was vague and ambiguous, then the defendant may be off the hook. Also, if the recipient of the threat should not have reasonable feared for his or safety then the defendant's case may be dismissed.
For example, if a friend uttered "I'm going to kill your wife if she pushes me in the pool at the party tonight," then the man who received the threat should know that this was spoken in jest. Because the individual does not have a legitimate reason to fear the threats, the case probably wouldn't go to trial. As well, if the recipient of the threat wasn't fearful, but pressed charges anyway, then the case can be dismissed.
For example, if an individual decided to press charges but never took reasonable caution to guard himself from an attack, then it may be argued that he was never actually scared. If a recipients fear was fleeting or momentary, or if you made a threatening gesture but never communicated your threat verbally, electronically, or in writing, then you may be protected from conviction. Talk with a local criminal defense attorney at the firm today if you want to learn more about this!
