Representing Individuals Accused of Violating California Penal Code 422 PC in Southern California
Making a credible threat to kill or seriously injure another person is a crime in California, even if the person who makes the threat does not intend to commit the threatened act. A criminal threat can be made against anyone, but threats against family members are regarded as crimes of domestic violence.
If you have been falsely accused, you need aggressive representation that focuses on obtaining a dismissal or acquittal. In other cases, you may want to work out a resolution that puts the problem behind you. In many cases, it is possible to avoid a conviction or to have a conviction expunged.
If you have been accused of, arrested for, or charged with making criminal threats, getting help from an experienced domestic violence defense attorney gives you the best opportunity to avoid serious consequences. To obtain advice about the strategy that is best suited to your case, talk to a criminal threats defense lawyer at The Law Offices of Randy Collins.
Before the year 2000, the legislature referred to 422 PC as the “terrorist threat” law. Recognizing that the statute has nothing to do with terrorism and that the word “terrorist” instills prejudice against the accused, the name of the crime was changed to “criminal threats.”
To obtain a criminal threats conviction, the prosecution is required to prove each of these facts beyond a reasonable doubt:
With so many facts to prove, it is often difficult for prosecutors to obtain criminal threat convictions. The law’s complexity gives criminal defense attorneys many opportunities to establish reasonable doubt that will lead to a “not guilty” verdict.
Matching the right defense to the facts of the case requires knowledge of the law, a careful investigation of the facts, and experience. Some of the most common defenses include:
Other defenses may also be available, depending on the facts of the case. Those facts will depend in part on whether other witnesses can corroborate that the threat was made, whether those witnesses are telling the same story, and whether they are credible. An aggressive cross-examination often creates doubt as to whether a criminal threat was ever made.
Recognized as one of Orange County’s top criminal defense lawyers, Randy Collins will use his years of experience to select the defense that is best for you. Whether you want to take your case to trial or resolve it short of trial, criminal threats defense attorney Randy Collins will work tirelessly on your behalf to obtain the best achievable outcome.
The Law Offices of Randy Collins represents individuals charged with criminal threats in Orange County, Riverside County, Los Angeles County, San Diego County, and elsewhere in Southern California. Call (888) 250-2865 to make an appointment at one of our convenient offices.
Our domestic violence defense lawyers are standing by to help. Contact us 24/7 to receive your free case evaluation.