If you have been charged with Criminal Threats in Orange County for threatening another person with immediate harm when you intend to, and in fact do, cause reasonable and sustained fear in that individual,you should contact the Atias Law Firm. Our law firm works with a team of professionals on the matter and knows how to handle these particular kinds of criminal threats charges. In Orange County, Criminal Threats is a wobbler so it is divided into two degrees, Felony Criminal Threats and Misdemeanor Criminal Threats. Criminal Threats is usually committed when someone threatens another person with immediate harm with the intent to cause, and actually causing, reasonable and sustained fear in that individual.

Criminal Threats Orange County Penal Code 422

First, let the top Criminal Threats Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Criminal Threats in Orange County is summarized below. However, the full text of the Criminal Threats laws in Orange County can be found in California Penal Code Section 422. To prove that the defendant is guilty of Criminal Threats, the Prosecutor must prove that:

• The defendant willfully threatened to unlawfully kill or unlawfully cause great bodily injury to another person,
• The threat was made orally / in writing / or by electronic communication device,
• The defendant intended that the statement be understood as a threat and intended that it be communicated to the other person;
• The threat was so clear, immediate, unconditional, and specific that it communicated to the other person a serious intention and the immediate prospect that the threat would be carried out;
• The threat actually caused the other person to be in sustained fear for (his/her) own safety or for the safety of (his/her) immediate family; AND
• The other person’s fear was reasonable under the circumstances.

The Criminal Threats laws in Orange County can be confusing to a defendant charged with a crime. The Atias Law Firm knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense, such as Misdemeanor Criminal Threats or Misdemeanor Assault.

Reducing a Criminal Threats Charge To A Lesser Crime

Circumstances may allow the Prosecutor to charge you with Misdemeanor Criminal Threats, rather than Felony Criminal Threats. These circumstances include that Criminal Threats were aggravated in some way, or that you have prior convictions. Our attorneys may be able to show that your Felony Criminal Threats charge should be reduced to a Misdemeanor Criminal Threats charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. Criminal Threats lawyers Orange County aggressively challenges the facts of the case. We may be able to get an Investigator to obtain contradictory statements from witnesses. If we can convince the court that the witnesses are not credible, your Criminal Threats charges may be reduced to Misdemeanor Criminal Threats and you could avoid jail or prison.

Will I Go To Jail?

Possibilities & Penalties for Criminal Threats Charges in Orange County

Criminal Threats is generally a wobbler, meaning that it can usually be charged as a misdemeanor or felony. Misdemeanor Criminal Threats is punishable by up to one year in county jail and a $1,000 fine. Felony Criminal Threats may result in a sentence ranging up to three years in state prison and a $10,000 fine. Use of a weapon during a Criminal Threat may result in an additional enhanced penalty of one year in prison. A criminal threats conviction is a crime of moral turpitude. This may affect professional discipline proceedings, or deportation / removal actions. A criminal threats conviction is a strike in California. If convicted, you must serve at least 85% of your sentence before you are eligible for release. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.

Criminal Threats Defenses in Orange County

Our Criminal Threats lawyers in Orange County knows the defenses that may help get your Criminal Threats charge dismissed. There are a number of defenses to Criminal Threats in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, as you can see above, the Prosecutor has a lot to prove. We may be able to show that any number of the requirements of the law aren’t met. For instance, we may be able to show that the threat was not immediate. Also we can challenge whether the threat was specific enough or too vague. We may be able to show that the threat was not serious enough to instill a reasonable fear for one’s safety, or that the recipient of the threat actually wasn’t in fear, or that the fear wasn’t continuous but rather it was momentary. Also, if your threats were not willfully conveyed then you may have a defense. One common defense is that you were exercising your free speech rights. Certain gestures, communicated non-verbally may be protected free speech. Also, certain words may be protected free speech that can get your case dismissed.

Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our Criminal Threats lawyers in Orange County may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Grand Criminal Threats, we may be able to get all of your charges consolidated into one charge, with one penalty.

How Can Criminal Threats Charges Be Reduced?

When the prosecution case is strong, sometimes the best tactic is to try to work out a plea deal with the Prosecutor. Our Orange County attorneysmay be able to help you get your Criminal Threats charge reduced to a lesser charge. Our Criminal Threats lawyers, located in Orange County, may be able to get your Criminal Threats charge, and the Criminal Threats penalties reduced to those penalties associated with: Misdemeanor Assault, or Misdemeanor Criminal Threats.

What Happens If I Have a Prior Conviction?

If you have prior convictions for Criminal Threats, then you may face increased penalties in your current Criminal Threats case. The Atias Law Firm aggressively challenges any prior convictions. For instance, if your prior Criminal Threats conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Criminal Threats penalties. Call our attorneys in Orange County today to see how your prior convictions may impact your current Criminal Threats charge.

What Should I do about a Criminal Threats charge in Orange County?

Contact Criminal Threats lawyers Orange County today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.