San Diego Criminal Threats Attorney: Penal Code 422 Defense Law

Last updated on January 12, 2026

Facing allegations of making a criminal threat in San Diego carries significant legal risk. Under California Penal Code § 422, these charges are “wobblers,” punishable as either a misdemeanor or a felony. A felony conviction can result in a three-year prison sentence and a “strike” under California’s Three Strikes Law.

While the consequences are severe, relief may be available through expungement under PC § 1203.4. To obtain a conviction, the state must prove your statement was sufficiently unequivocal, unconditional, and specific to cause a victim “sustained fear.” The Law Offices of Mark Deniz APLC focuses on the precise statutory language and the context of the alleged threat. Call our office to discuss your case.

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.”

Why Choose The Law Offices of Mark Deniz APLC?

At The Law Offices of Mark Deniz APLC, our founding attorney, Mark Deniz, brings nearly 10 years of experience as a former prosecutor. Having served as a Deputy District Attorney in Tulare County and a Deputy City Attorney in San Diego, he understands how the government builds its case. We know that criminal threat charges are often difficult for the state to prove. We use this perspective to review every detail of the evidence as we build your defense.

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.

Strategic Defense Against Criminal Threat Charges

Our defense approach focuses on showing that the state cannot meet its burden of proof on one or more key elements. Prosecutors may attempt to pressure a plea bargain by bundling these charges with assault or domestic violence allegations. To challenge the prosecution’s case under California Penal Code § 422, our strategies often focus on showing that:

• The alleged statement did not constitute a “true threat” as defined by California legal standards
• The recipient could not have reasonably feared for their safety or was not in “sustained fear” (fear that is more than fleeting or transitory) as required by law
• The threat was not communicated in the specific manner the statute demands, such as being made verbally, in writing or via an electronic communication device

Every case involves different facts. We investigate the details of your arrest to determine which defenses apply to your situation.

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.