Criminal Threats (Penal Code 422) Defense in Riverside County
Being charged with making criminal threats under California Penal Code Section 422 is a serious matter that can result in felony charges, jail time, and a permanent criminal record. Whether the allegations stem from a heated argument, a misunderstanding, or false accusations, you need an experienced criminal defense attorney who understands the complexities of PC 422 and knows how to build a strong defense.
What is Penal Code 422 – Criminal Threats?
California Penal Code Section 422 makes it a crime to threaten to commit a crime that would result in death or great bodily injury to another person, with the specific intent that the statement be taken as a threat, even if you had no intention of actually carrying it out.
Elements the Prosecution Must Prove
To convict you of making criminal threats, the prosecution must prove ALL of the following elements beyond a reasonable doubt:
- You willfully threatened to unlawfully kill or cause great bodily injury to another person
- You made the threat orally, in writing, or by electronic communication (text, email, social media, etc.)
- You intended your statement to be understood as a threat
- The threat was so clear, immediate, unconditional, and specific that it communicated a serious intention and immediate prospect of execution
- The threat actually caused the person threatened to be in sustained fear for their own safety or the safety of their immediate family
- The person's fear was reasonable under the circumstances
Penalties for Criminal Threats (PC 422)
Criminal threats is a "wobbler" offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and your criminal history.
Misdemeanor Penalties
- Up to 1 year in county jail
- Fines up to $1,000
- Probation
- Restraining orders
Felony Penalties
- 16 months, 2 years, or 3 years in state prison
- Fines up to $10,000
- Formal probation
- Restraining orders
- A "strike" under California's Three Strikes Law
Additional Consequences
- Criminal record affecting employment and housing
- Loss of gun rights
- Immigration consequences for non-citizens
- Professional license implications
- Difficulty obtaining loans or credit
Common Defenses to Criminal Threats Charges
An experienced criminal defense attorney can challenge PC 422 charges using several proven defense strategies:
The Statement Was Not a True Threat
Not every angry or heated statement constitutes a criminal threat. The prosecution must prove the threat was specific, immediate, and unconditional. Vague statements, hyperbole, or expressions made in the heat of the moment may not meet the legal definition.
No Intent to Threaten
You may have made a statement that was misunderstood or taken out of context. If you did not intend your words to be understood as a threat, you cannot be convicted under PC 422.
The Victim Was Not in Sustained Fear
The alleged victim must have experienced sustained fear—not just momentary concern. If the fear was fleeting or unreasonable under the circumstances, this element of the crime has not been met.
False Accusations
Unfortunately, criminal threats charges are sometimes fabricated in domestic disputes, custody battles, or conflicts between neighbors or coworkers. We thoroughly investigate the circumstances to expose false or exaggerated claims.
First Amendment Protection
California law protects free speech, including political speech, artistic expression, and even offensive language. If your statement falls under protected speech, it cannot form the basis of a criminal threats conviction.
Why You Need an Experienced Criminal Threats Defense Attorney
Criminal threats cases often come down to credibility, context, and the specific wording used. Prosecutors may overcharge these cases, especially in domestic violence situations. Having an attorney who understands the nuances of PC 422 and can effectively challenge the prosecution's case is critical to protecting your freedom and your future.
Attorney Nic Cocis has over 25 years of experience defending clients against criminal threats charges in Riverside County. He knows how to build a strong defense, negotiate with prosecutors, and fight for the best possible outcome—whether that's a case dismissal, reduced charges, or an acquittal at trial.
Riverside County Court Locations
Criminal cases in Riverside County are handled at multiple courthouse locations:
- Southwest Justice Center (Murrieta) - Serves Murrieta, Temecula, Menifee, Wildomar, Lake Elsinore, Winchester, and surrounding Southwest County communities
- Historic Courthouse (Riverside) - Serves the city of Riverside and central county areas
- Corona Court - Handles cases from Corona, Norco, and western Riverside County
- Banning Justice Center - Serves Banning, Beaumont, and eastern Riverside County
- Indio Larson Justice Center - Handles cases from Indio, Coachella Valley, and desert communities
The Law Office of Nic Cocis represents clients at all Riverside County courthouse locations.
Contact Us for a Free Consultation
If you or a loved one has been charged with making criminal threats under Penal Code 422, don't wait. Contact the Law Office of Nic Cocis today for a free, confidential consultation. We serve clients throughout Riverside County, including Riverside, Corona, Moreno Valley, Perris, Murrieta, Temecula, Menifee, Hemet, and surrounding areas.
Call (951) 400-4357 or contact us online to discuss your case and learn how we can help protect your rights.
Need Legal Help? If you or a loved one is facing criminal charges in Riverside County, contact the Law Office of Nic Cocis today for a confidential consultation. Call (951) 400-4357 or visit our contact page.