What Is a Terroristic Threat in California?

September 9, 2025 | Nafiz M. Ahmed

Under California law, a “terroristic threat” is more commonly referred to as a criminal threat and is defined in California Penal Code § 422. A person can be charged if they threaten to seriously harm or kill another person, and the threat is so specific and credible that it causes the victim to reasonably fear for their safety or the safety of their family.

The law does not require that the person making the threat actually intend to carry it out. Instead, what matters is whether the threat itself, when communicated, placed the other person in reasonable and sustained fear. In fact, words spoken in anger or frustration can sometimes lead to serious criminal charges within this framework.

Keep reading to learn more.

Key Elements of a Criminal Threat

For prosecutors to secure a conviction for criminal threats, they must prove several legal elements beyond a reasonable doubt. These include:

The defendant willfully threatened to kill or seriously injure another person.
The threat was specific and unequivocal, not vague or ambiguous.
The threat was communicated verbally, in writing, or through electronic means such as a text message or social media post.
The person making the threat had the apparent ability to carry it out.
The threat caused the victim to experience sustained and reasonable fear for their safety or that of their immediate family.

The prosecution’s case may fail if even one of these elements cannot be proven. Hiring an experienced criminal defense attorney sets you up for as favorable an outcome as possible.

Penalties for Criminal Threats in California

A criminal threat under Penal Code § 422 is considered a “wobbler” offense, which means it can be charged as either a misdemeanor or a felony. The decision usually depends on the circumstances of the case, the defendant’s criminal history, and the severity of the alleged threat.

Misdemeanor: up to one year in county jail and fines up to $1,000
Felony: up to three years in state prison and fines up to $10,000

If a deadly weapon was involved, the penalties can increase. In addition, a felony conviction under Penal Code § 422 may count as a “strike” under California’s Three Strikes Law, exposing a defendant to longer prison terms for future convictions.

Possible Defenses to a Criminal Threat Charge

Being accused of making a criminal threat is not the same as being convicted. Several defenses may be available depending on the facts of your case, such as:

Lack of intent: The defendant did not seriously intend the statement as a threat.
Ambiguous statement: The alleged threat was vague, conditional, or taken out of context.
No sustained fear: The alleged victim did not actually experience prolonged or reasonable fear.
False accusation: The charges are based on false statements or fabricated evidence.
Constitutional protections: The alleged threat may be protected free speech under the First Amendment if it was political expression or hyperbolic language.

A criminal defense lawyer can evaluate which of these defenses apply and challenge the prosecution’s case against you effectively.

Contact a San Jose Criminal Defense Lawyer if You’ve Been Charged

If you are facing charges for making a criminal threat in California, you should not face your charges alone without an attorney on your side. The consequences of a conviction can be life-changing, but our legal system makes it clear that you’re presumed innocent until proven guilty.

For more information, please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.

Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818

Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500