California Penal Code 422 – Criminal Threats

Overview

California Penal Code 422 PC makes it a crime to threaten someone with serious harm or death, in a way that causes them to reasonably fear for their safety—even if you never intended to follow through.

Criminal threats are aggressively charged in California and often used to escalate simple disputes into strike felonies. At Jones Trial Attorneys, we challenge these accusations head-on, exposing weaknesses in the evidence and fighting to protect your future.

Legal Definition

Penal Code § 422 states:

“Any person who willfully threatens to commit a crime which will result in death or great bodily injury… with the specific intent that the statement be taken as a threat… and thereby causes that person reasonably to be in sustained fear… is guilty of a crime.”

This offense can be committed through:

• Verbal statements

• Written messages (texts, DMs, emails)

• Electronic or implied threats

Elements of the Crime

To convict someone of criminal threats under PC 422, the prosecution must prove:

1. You willfully threatened to unlawfully kill or cause great bodily injury;

2. You intended the statement to be taken as a threat;

3. The threat was unequivocal, unconditional, immediate, and specific;

4. The threat caused the victim to experience sustained fear; and

5. The fear was reasonable under the circumstances.

No physical act or weapon is required—only the threat and its impact on the recipient.

Penalties for Criminal Threats

PC 422 is a wobbler, meaning it can be charged as a misdemeanor or felony.

Misdemeanor Penalties

• Up to 1 year in county jail

• Up to $1,000 fine

• Summary probation

Felony Penalties

• Up to 3 years in state prison

• A “strike” under California’s Three Strikes Law

• Formal probation (with or without jail time)

If a deadly weapon was used in making the threat, an additional one-year sentence can be imposed under PC 12022.

Defenses to PC 422 Charges

We’ve successfully defended criminal threats charges with strategies based on context, credibility, and constitutional protections. Common defenses include:

• No intent – You didn’t mean for the statement to be taken seriously

• No threat – The statement was vague, sarcastic, or non-specific

• Free speech – Protected under the First Amendment

• No sustained fear – The alleged victim did not experience genuine or lasting fear

• False accusation – Common in custody disputes, breakups, or workplace conflict

We also file early motions to reduce felonies to misdemeanors or get charges dismissed pretrial.

Immigration and Employment Consequences

A felony PC 422 conviction is a strike offense and may be considered a crime involving moral turpitude, leading to:

• Deportation or inadmissibility

• Loss of professional licenses

• Failed background checks for housing, security, or government jobs

We build defense strategies with immigration and licensing consequences in mind from day one.

Related Offenses

• PC 240 – Assault

Attempting to injure another person

• PC 273.5 – Corporal Injury to Spouse

Often charged alongside threats in domestic violence cases

• PC 646.9 – Stalking

Threats combined with following or harassment

How Jones Trial Attorneys Can Help

Criminal threats cases often depend entirely on one person’s interpretation of a moment. We push back with timelines, context, digital records, and cross-examination that can dismantle the prosecution’s narrative.

Whether the charge is tied to a heated breakup, family dispute, or road rage incident—we’re ready to fight for you.

💼 Free consultations

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📍 Local San Diego firm with deep courtroom experience

Talk to a Criminal Defense Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.