Have you been charged with making criminal threats in Redwood City, California? Being charged does not mean being convicted, so don’t lose hope about what’s to come just yet. You still have the right to challenge the case against you with help from an experienced attorney.
At Ahmed & Sukaram, Criminal Defense Attorneys, our attorneys have 30 years of combined experience helping clients with serious criminal charges and have handled over 3,000 criminal defense cases, including over 50 trials. Our attorneys represent clients in Redwood City, elsewhere in San Mateo County, and throughout Silicon Valley.
Contact our law offices at 650-835-7167 to learn more about what you should do next and to schedule a confidential consultation with a violent crimes lawyer today.
How Ahmed & Sukaram Criminal Defense Attorneys Can Help If You’re Facing Criminal Threat Charges in Redwood City, CA
Once charges are filed, the prosecution often begins building its case immediately, but that does not mean the evidence will hold up under legal scrutiny.
At Ahmed & Sukaram, Criminal Defense Attorneys, our legal team includes a California State Bar Certified Specialist in Criminal Law. This means that we have the specialized knowledge and experience necessary to effectively handle complex matters, including violent crime charges.
Our Redwood City criminal defense attorneys can:
- Thoroughly investigating the circumstances of your charges and the evidence against you
- Filing motions to suppress evidence that was obtained improperly
- Gathering exculpatory evidence that supports your version of events
- Seeking to have your charges dismissed when the facts and law support it
- Making sure you understand your rights and options at every stage
- Representing you at all court hearings and at trial if necessary
Contact us today to schedule a confidential consultation. We can discuss your legal rights and options for building a criminal defense based on the circumstances of your case.
California’s Criminal Threats Law Under Penal Code § 422
California Penal Code § 422 makes it a crime to threaten to commit an offense that would result in death or great bodily injury to another person under certain circumstances. The threat can be made verbally, in writing, or through electronic communication.
To convict you under this statute, the prosecution must prove the required elements beyond a reasonable doubt.
Those elements generally include:
- You willfully threatened to commit a crime that would result in death or great bodily injury to another person.
- The threat was made verbally, in writing, or through electronic communication
- You intended the statement to be understood as a threat.
- Under the circumstances, the threat was sufficiently clear, immediate, and specific to convey a serious prospect that it would be carried out.
- The alleged victim experienced sustained fear for their safety or the safety of an immediate family member.
- That fear was reasonable under the circumstances.
California’s Judicial Council maintains the state’s current criminal jury instructions, including those used to explain the elements jurors must consider in criminal cases.
One important thing to understand about this charge is that you do not have to actually carry out the threat to be convicted. The prosecution’s case focuses on the alleged threat itself and whether the remaining requirements of Penal Code § 422 are met.
What Are the Penalties for Criminal Threats in Redwood City?
Criminal threats is a “wobbler” offense in California, meaning it can be prosecuted as either a misdemeanor or a felony depending on the charge and circumstances.
A misdemeanor conviction can result in:
- Up to 364 days in county jail
- A criminal fine
- Probation, when permitted
California Penal Code § 18.5 generally limits an offense described as punishable by up to one year in county jail to a maximum county-jail term of 364 days.
A felony conviction can carry a term of 16 months, two years, or three years of incarceration, along with other possible consequences.
A felony conviction under Penal Code § 422 is also classified as a serious felony and can count as a strike under California’s Three Strikes Law. Penal Code § 1192.7 expressly lists felony criminal threats as one of California’s serious felonies. A prior strike can increase punishment if you are later convicted of a qualifying felony.
Our Redwood City violent crimes attorneys can help you understand your options and build a strong defense against allegations of criminal threats.
What Defenses Can Be Raised Against Criminal Threat Charges in Redwood City?
The prosecution must prove every element of Penal Code § 422 beyond a reasonable doubt. If the evidence does not establish a required element, the prosecution may not be able to obtain a conviction.
Defense issues that may arise include:
- The statement was too vague or ambiguous to satisfy Penal Code § 422
- The alleged victim’s fear was not sustained or was not reasonable given the context
- You did not intend the statement to be understood as a threat
- The accusation is false, or evidence shows that you did not make the alleged statement
- The statement was protected speech rather than a constitutionally unprotected true threat
- Statements or other evidence may be subject to suppression because law enforcement obtained them in violation of your constitutional rights
For example, a failure to provide required Miranda warnings may affect whether certain statements made during custodial interrogation can be used against you. Other defense issues may arise depending on the circumstances.
Our Redwood City criminal defense lawyers can review the evidence and determine which defenses are supported by the facts during a confidential consultation.
Schedule a Confidential Consultation With Our Redwood City Violent Crimes Attorneys Today
Criminal threat charges in Redwood City, CA, must be taken seriously, but a charge is not a conviction. You are presumed innocent, and the prosecution must prove the case against you beyond a reasonable doubt.
At Ahmed & Sukaram, Criminal Defense Attorneys, our attorneys have 30 years of combined experience handling criminal cases in Redwood City, San Mateo County, and throughout Silicon Valley, including more than 50 trials. If taking your case to trial is appropriate, our attorneys are prepared to do so.
Contact our law offices today to schedule a confidential consultation with a Redwood City criminal threats lawyer to learn more about your legal options for protecting your future.