Criminal Threats Charges in California (422 & 422.3 (PC))

Under California law, it is illegal to threaten to harm another person. Threats directed at individuals are generally prosecuted under Penal Code 422 (PC), while 422.3 (PC) addresses threats involving mass violence or public locations such as schools, churches, workplaces, airports, and hospitals. Depending on the specifics of the case, prosecutors may file charges under one or both statutes.

Prosecutors aggressively pursue these cases, whether they involve domestic disputes, online arguments, alleged school threats, workplace incidents, or threatening social media posts. Because criminal threats allegations are often based on statements taken out of context, exaggerations, jokes, or emotionally charged situations, it is critical to speak with an experienced San Diego criminal defense attorney as soon as possible.

What Is a Criminal Threat Under California Law?

Criminal threats made against an individual or specific groups of people are charged under California Penal Code 422 (PC). To convict someone of these charges, prosecutors must generally prove:

• You willfully threatened to commit a crime resulting in death or great bodily injury;
• The statement was intended to be interpreted as a threat;
• The threat was sufficiently clear, immediate, unconditional, credible, and specific;
• The intended victim reasonably experienced sustained fear related directly to the threat.

There does not need to be any proof that you intended to carry out the threat —only that it was realistic and immediate, and caused the victim to feel fearful.

Similarly, threats do not need to be made verbally. They may be made:

• In person
• Over the phone
• Via text
• On social media
• Using videos or photos
• Through email
• Or indirectly through another person

422 (PC) Vs. 422.3 (PC)

If a specific person or group of people is targeted by a threat, it can be charged under 422 (PC).

On the other hand, charges may be filed under 422.3 (PC) if the crime involved threats of mass violence made against a:

• Daycare
• School
• University
• Workplace
• House of worship
• Medical facility

In some cases, both charges may be filed if the threat involves a mass violence attack at one of the above locations that is intended to target a specific individual or group.

Common Examples of Criminal Threat Allegations

Many different activities may be charged under these statutes. Examples that could be charged under 422 (PC) include:

• John verbally threatens to assault his ex’s new boyfriend.
• Linda texts her son’s teacher, saying she’ll “make her suffer” if he doesn’t receive an A.
• Kyle posts an AI-generated TikTok video showing him ruthlessly beating up another kid at school, and tags the other student shown in the video.
• Stanley emails his coworker, saying he’ll break her fingers if she schedules another pointless email.
• Angelina doxes a rival player on her favorite MMO, saying she will be stopping by their house soon.
• Jeremy pulls out a crowbar and waves it menacingly at the car that cut him off on the freeway.
• Riley sends a DM to her child’s father, threatening to harm him if he doesn’t pay child support on time.

A few incidents that could be filed under 422.3 (PC) include:

• Frank anonymously calls the airport to say he plans to blow up Terminal 2.
• Charlie shares images showing him shooting kids at his high school.

Penalties for 422 and 422.3 (PC)

Depending on the specifics of the case, prosecutors may charge either form of criminal threats as felonies or misdemeanors.

As a misdemeanor, the offenses are punishable by up to one year in jail. The judge may also issue a firearm restraining order, temporarily preventing you from possessing a gun. Probation may be given in some cases, with mandatory counseling as part of the terms of the agreement.

When filed as a felony, the maximum sentence is up to three years in state prison, and a strike under California’s three-strikes law. Those convicted of a felony will also lose their right to possess a firearm under the Federal Gun Control Act of 1968. Immigrants charged with felony-level offenses should contact an immigration attorney, as this offense can be considered a crime of moral turpitude, meaning it could potentially result in deportation.

In either case, those charged with these crimes are likely to have a restraining order filed against them to keep them away from the victim.

When is 422 (PC) Charged as a Felony?

Whether the charges are filed as a felony or misdemeanor depends on the specifics of the crime. It is more likely to be charged as a felony if the suspect:

• Was in possession of a dangerous weapon
• Has a criminal history
• Is subject to a restraining order
• Targeted multiple people
• Is, or was, involved in a domestic relationship with the victim or their partner

In general, charges filed under 422.3 (PC) are more likely to be filed as felonies because they involve multiple victims.

If you work with a criminal defense lawyer from the time the accusation is made, you will have a greater chance of facing misdemeanor charges for this offense, as your lawyer may be able to convince the prosecution to file the charges as the lower offense.

Defenses Against Criminal Threats

Attorneys in San Diego have many options for fighting criminal threat charges. Possible defenses may include:

• Being a victim of mistaken identity
• Insufficient evidence
• False allegations
• The statement was too vague
• The alleged victim did not feel sustained fear
• The defendant was just making a joke
• A lack of intent
• The threat was not credible or immediate
• First Amendment protections

Just because a violent statement was made in poor taste doesn’t mean it was a criminal threat. These charges often arise from heated arguments, sarcastic comments, jokes, online gaming banter, or statements made during highly emotional domestic situations. In many cases, the defense will be focused on whether the defendant actually intended to make a threat and if the alleged victim actually experienced sustained fear.

Always refuse to speak with the police without a criminal defense lawyer. It is very possible to say something that could damage your case by attempting to defend yourself. For example, if you say that someone made false accusations against you, but there is a video of you making the statement, you’ll dramatically reduce your credibility.

Call a Lawyer Today

If you are under investigation or have been arrested for criminal threats, early legal intervention can make a substantial difference in how the case is charged and resolved. In some cases, a lawyer may be able to convince the prosecution to drop the charges. Contact San Diego criminal defense attorney Peter M. Liss at (760) 643-4050 for a free consultation.

Frequently Asked Questions About Criminal Threats

Can You Be Charged for Making Online Threats?

Yes. Threats made through email, social media, forums, DMs, gaming communities, or using any other online medium are charged the same way as those made in person.

Can a Text Message be Considered a Criminal Threat?

Yes. Any kind of communication, including verbal, written, visual, or physical, can result in these charges. As long as the threat is clear, immediate, and credible, it can be made through text, email, DM, or any other form of electronic communication.

Is 422 (PC) a Felony?

Not always, but it can be charged as a felony. The severity of the charges depends on the specifics of the case, and a defense attorney can sometimes be integral in convincing the prosecutor to file the case as a misdemeanor.

What is the Difference Between 422 and 422.3 (PC)?

Most criminal threats are directed at individuals or specific groups of people. These charges are filed under 422 (PC). When a criminal threat is made against a location and the individuals in and around the area, these charges can be filed under 422.3 (PC).

What Qualifies as Sustained Fear?

Is Criminal Threats a Strikeable Offense?

Yes, the crime may add a strike to your record, but only if you are convicted of felony-level charges.

Can Criminal Threats Charges be Dropped?

Yes. There are many situations where a defense attorney may convince the District Attorney to drop the charges. For example, if there is insufficient evidence or compelling evidence that the accuser made false allegations.