Laws are different in every state and it is important to understand the legal system so you can know what is considered a felony. For example, in California, the “criminal threats” charge is quite serious, and you inform yourself about it. For example, any threats can be considered “criminal threats” as long as you imply that someone will be harmed. This includes threating to seriously injure someone or kill them. These charges can be considered wither felony or misdemeanour, but they are both serious.
What is considered a criminal threat?
You will be charged with a criminal threat even if the threat was made in writing. The same thing goes for threats made by electronic means. You should know that it does not matter whether you are serious about your threat, as long as it is believable enough. Even if the threat is vague, you can still be penalized. You will be considered guilty as long as it is proved that you wanted your statement to be interpreted as a threat.
You will be charged as guilty if the prosecution shows that the threat was made willfully, or if the threat was very clear and it was obvious that the person who was threatened was in serious danger. If the threat is not one that could make the victim fear for his or her safety, then it is not a criminal threat.
Defending yourself against criminal threats claims
In order to defend yourself, you will need a good lawyer for California Felony Charges. Then, the lawyer must make sure that the prosecution is not able to prove certain facts. For example, the prosecutor will try to show that the person who received the threat feared for their own wellbeing, or for the family.
It is not a criminal threat if the language is not clear enough, or if the threat is not realistic enough. It is also not a criminal threat if the person who was threatened did not feel fear. If it is a threat that sounds silly, and there are still charges pressed against you, there is a big chance that you will be found innocent. The fear felt by that person should be an intense one, and not something that passes right away.
Another thing that might help you is if the threat was not expressed in writing, orally or by an electronic device that is used for communication. This means that gestures don’t count for example. So if you make a threating sign to someone, that person cannot press charges for that, as it won’t be considered a criminal threat.
Criminal Threats Penalties
There are various penalties for criminal charges. Remember that they are considered either a felony or a misdemeanour, and the penalty is based on that. For example, if it is simply a misdemeanour, you could get up to 1 year in county jail. However, if it is a felony, you might get up to 4 years in state prison, as well as a strike.