Criminal Threats Charges in California (Penal Code § 422)

Accused of Making a Criminal Threat? You Could Be Facing Felony Charges.

In today’s world, where words can travel instantly via text, social media, or a phone call, one misunderstood statement can land you in serious legal trouble. Under California Penal Code § 422, criminal threats—formerly known as “terrorist threats”—are prosecuted as serious offenses, often as felonies, with penalties including time in state prison and long-term consequences for your record.

At The Nieves Law Firm, we represent people across the Bay Area who have been charged with making criminal threats. Whether it’s a heated argument, an impulsive message, or a misinterpreted joke, we help clients fight back against exaggerated or unjust charges.

What is a Criminal Threat Under Penal Code § 422?

California Penal Code § 422 makes it a crime to willfully threaten to commit a violent crime (such as causing death or great bodily injury) when all of the following elements are present:

1. The threat was made verbally, in writing, or through an electronic communication device
2. The person intended the statement to be taken as a threat
3. The threat was unequivocal, unconditional, immediate, and specific
4. The threat caused the alleged victim to be in sustained fear for their safety or the safety of their immediate family

It does not matter whether the defendant actually intended to carry out the threat. The crime lies in the intention that the statement be taken seriously and the emotional impact on the victim.

Examples of Criminal Threats

• Texting someone: “I’m going to kill you tomorrow” after an argument
• Calling an ex-partner and saying, “You’ll regret this—I know where your family lives”
• Sending a threatening voicemail referencing a specific violent act
• Posting a message online directed at someone, implying serious harm

Even if you never touched the person or had no real means to act on the threat, the law focuses on whether the victim reasonably feared for their safety based on what you said and how you said it.

Penalties for Criminal Threats in California

Misdemeanor Conviction

• Up to 1 year in county jail
• Up to $1,000 in fines
• Possible probation and protective orders

Felony Conviction

• 16 months, 2 years, or 3 years in state prison
• Strike offense under California’s Three Strikes Law
• Possible enhanced sentence if a weapon was used or displayed

Because Penal Code § 422 is a “wobbler,” prosecutors have discretion to file it as a misdemeanor or felony, depending on your criminal history and the facts of the case.

Additional Liability Under Penal Code § 422.1

If your threat involved knowingly making a false report (such as a bomb threat under PC §§ 148.1 or 11418.1), you could also be liable for:

• Restitution for emergency response and cleanup
• Reimbursement for public resources used in the threat’s aftermath
• A separate restitution hearing determining costs owed to government agencies

What Most People Don’t Know (or Get Wrong) About Criminal Threats Charges

You Don’t Need to Be Capable of Following Through

Even if the person making the threat was unarmed, in another state, or even in custody, the crime can still apply. The law only requires the threat to be perceived as credible and frightening.

“I Was Just Venting” Isn’t a Defense

Intent to carry out the threat isn’t required—but intent that it be taken seriously is. Heated arguments and rants can still lead to charges if the listener feels threatened.

It Can Happen Digitally

Threats made via text, email, DM, or even online comments may qualify—especially when directed at a specific person and perceived as serious.

Victims Don’t Need Physical Evidence

Even without screenshots or recordings, charges can be brought based on testimony alone. That’s why early legal intervention is critical.

It’s a Strike Offense

A felony conviction under PC § 422 is a strike offense, which means future felony convictions carry double the prison time, and a third strike could lead to 25 years to life.

Possible Defenses to Criminal Threats Charges

Every case is different, but here are some of the most effective strategies our attorneys explore:

The Threat Was Not Specific or Immediate

If the language was vague, conditional (“If you ever…”), or clearly emotional rather than actionable, it may not meet the standard of “unequivocal and specific.”

The Victim Was Not in Sustained Fear

The law requires that the alleged victim experienced real and ongoing fear. If they dismissed the statement, laughed it off, or continued contact, that could support your defense.

Misidentification or False Accusation

In domestic or custody disputes, it’s not uncommon for threats to be fabricated or exaggerated to gain legal advantage.

Constitutionally Protected Speech

Rants, protests, or expressive speech, however inflammatory, are not criminal unless they include a serious, directed, and credible threat.

Lack of Intent to Threaten

You may have said something sarcastic, joking, or out of frustration that was never meant to be taken seriously.

Collateral Consequences of a PC § 422 Conviction

A criminal threats conviction can haunt you long after you serve your sentence:

• Permanent criminal record
• Ineligibility for certain jobs or licenses
• Possible immigration consequences for non-citizens
• Restraining orders
• Loss of firearm rights
• Enhanced sentences for future felonies due to strike status

FAQs About Criminal Threats Charges in California

Can I be charged if I never meant to carry out the threat?

Yes. The law does not require intent to act, only that the threat be meant to be taken seriously and caused sustained fear.

Is this a strike offense?

Yes. A felony conviction for criminal threats under PC § 422 is considered a serious felony under California’s Three Strikes Law.

What if the alleged threat was over text or online?

Threats made through electronic communication devices, including phones, computers, or social media, are fully prosecutable under § 422.

Can I be charged if the person I threatened never reported it to the police?

Charges can still be brought if another witness, third party, or recorded evidence exists. However, lack of cooperation from the alleged victim may weaken the case.

What’s the difference between PC § 422 and Penal Code § 646.9 (Stalking)?

Stalking involves repeated conduct and a pattern of harassment. Criminal threats require a specific, credible threat that causes immediate and sustained fear, even from a single incident.

Charged With Making Criminal Threats in the Bay Area? Call Us Today.

Don’t let one heated moment define your future. If you’re being investigated or have already been arrested for violating Penal Code § 422, contact The Nieves Law Firm immediately. Our criminal defense attorneys understand the nuances of verbal threat cases and will fight to keep your record clean, your freedom intact, and your future protected.

Schedule a confidential consultation today and let us help you build your defense the right way.