An Experienced Attorney Fighting Criminal Threats (Penal Code 422) Charges In San Diego

At The Law Offices of Mark Deniz APLC, our founding attorney, Mark Deniz, brings nearly 10 years of experience as a former Deputy District Attorney in San Diego. Indeed, this firsthand knowledge from the prosecutor’s side is invaluable. We understand that criminal threat charges often present significant challenges for the prosecution to prove. Consequently, our defense approach centers on demonstrating that the state cannot meet its high burden of proof on one or more key elements. Furthermore, we are acutely aware that prosecutors might attempt to pressure a plea bargain by bundling these charges with assault or domestic violence allegations.

To illustrate how we challenge the prosecution’s case, our strategies often focus on showing, for example, that the:

• Alleged statement didn’t actually constitute a true threat
• Recipient could not have reasonably feared for their safety, or was not in actual sustained fear as required by law
• Threat wasn’t communicated in the specific manner the statute demands

Call our office to discuss specific defenses tailored to the facts of your case. You can get a free case evaluation with attorney Mark Deniz at 858-429-9982.

Understanding Penal Code 422: The Law On Criminal Threats

Criminal threat violations are codified in California Penal Code Section 422. This offense can be charged as a misdemeanor or a felony. The relevant part of Penal Code Section 422 states: “Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year or by imprisonment in the state prison.”

What The Prosecution Must Prove: The Core Elements

To secure a conviction at trial, the prosecutor must prove each of the following elements beyond a reasonable doubt:

1. The defendant willfully threatened to unlawfully kill or cause great bodily injury to the alleged victim.
2. The defendant made the threat to the alleged victim (orally, in writing or by electronic communication).
3. The defendant intended their statement to be understood as a threat (and intended it to be communicated to the alleged victim).
4. The threat was so clear, immediate, unconditional, and specific that it conveyed a serious intention and an immediate prospect of being carried out.
5. The threat actually caused the alleged victim to be in sustained fear for their own safety (or for their immediate family’s safety).
6. The alleged victim’s fear was reasonable under the circumstances.

Importantly, a conviction under Penal Code Section 422 can lead to a three-year state prison sentence and count as a strike under California’s Three Strikes law.

Get Legal Help From Our Experienced San Diego Defense Team

Attorney Mark Deniz’s background as a former Deputy District Attorney provides our firm, The Law Offices of Mark Deniz APLC, with an intimate understanding of how the prosecution builds these cases. Additionally, we comprehend the serious consequences a conviction can carry. Leveraging this unique insight, and with attorney Deniz leading our team, we will aggressively defend your case. To do so, we explore every angle and argument, ensuring you have the best defense possible. Contact us at 858-429-9982 or send us an email to get the ball rolling.