Facing a criminal threats charge in San Jose, California, can feel overwhelming and confusing. Call Ahmed & Sukaram, Criminal Defense Attorneys at (408) 217-8818 to schedule a confidential case consultation with a San Jose criminal threats attorney.
These charges are a big deal, and defendants should take them seriously from the outset. The process can seem particularly intimidating if you’ve never dealt with the justice system before, but you’re not on your own. Our San Jose criminal defense attorneys can help you understand your rights and what to expect in the process.
Why Hire Ahmed & Sukaram, Criminal Defense Attorneys if You’re Arrested for Criminal Threats?
When you’re facing criminal threat charges in San Diego, CA, the consequences can touch every part of your life. You don’t have to face this alone.
Here’s why past clients have chosen and recommended our San Jose violent crimes attorneys when they need help:
- We have over 30 years of combined experience in criminal defense.
- Our team has been recognized by the National Trial Lawyers Top 100.
- We’ve handled more than 50 successful criminal trials and have successfully helped over 3,000 clients.
When you reach out to us for help with a criminal charge, you’re more than just a case number. We truly care about the outcome. Call Ahmed & Sukaram, Criminal Defense Attorneys to schedule a confidential case consultation with a San Jose criminal threats attorney.
Overview of Criminal Threats in California
California law treats criminal threats very seriously under Penal Code 422. This law covers situations where someone threatens to kill or seriously injure another person.
For prosecutors to convict you, they need to prove a few things.
- The threat has to be made on purpose, whether spoken, written, or sent electronically.
- The words used must be clear and definite, not vague.
- The threat needs to be so serious that a reasonable person would be concerned for safety.
- The person sending the message has to intend for the other person to see it as a real warning.
- Finally, the victim must experience real and lasting fear either for their own safety or for a close relative.
If any of these elements are missing, you likely shouldn’t be convicted of this crime.
What Are the Penalties for Criminal Threats in San Jose, California?
When someone is accused of criminal threats in San Jose, the law in California treats these offenses seriously. This crime is a wobbler, meaning the prosecutor can charge it as a misdemeanor or a felony. Here’s what you’re looking at if you are convicted:
Misdemeanor Criminal Threats
If the prosecution charges you with a misdemeanor, you face a sentence of up to one year in county jail. There’s also the possibility of a fine of up to $1,000.
Felony Criminal Threats
A felony charge is more severe. With a felony conviction, you could be sentenced to state prison for up to 3 years and be required to pay a fine of up to $10,000.
Weapon Enhancement
If a deadly or dangerous weapon was involved, you could be sentenced to prison time.
It’s important to note that each separate threat can be charged as its own crime, which could increase your potential jail or prison time significantly if your case involves making more than one threat.
What Defenses Can Be Raised if I’m Arrested for Criminal Threats?
Being arrested for making criminal threats can feel overwhelming, but you always have ways to defend yourself. Common legal defenses include:
The Threat Was Vague
One possible defense is that the threat itself was vague, meaning there were no specifics about how and when it would be carried out. If your words sounded like a joke or didn’t give any clear sign of immediate action, this defense might apply.
Alleged Victim Was Not Afraid
Another defense is if the person you spoke to was not genuinely afraid, or their fear only lasted a moment, or was unreasonable. Without that element, a conviction generally cannot stand.
Protected Speech
In some cases, what someone else considers a threat is actually protected by free speech, in which case you can’t face charges under this statute. This is often the case when you are merely expressing opinions or emotions, rather than showing intent to cause harm.
Presenting the right defense can make a significant difference in the outcome of your case. Ensure you consult with a criminal defense lawyer promptly so they can begin developing your defense strategy.
If you are accused of making criminal threats, you don’t have to face the process alone. A strong defense can mean the difference in how your case moves forward and how your life is affected.
Working with a skilled lawyer ensures someone will review your side of what happened, advise you on risks and consequences you’re facing, and come up with the best possible defense plan. Call Ahmed & Sukaram, Criminal Defense Attorneys to schedule a case consultation with a San Jose criminal threats attorney.