According to the California law, terrorist threats refer to an action of threatening to harm someone physically or kill them. Whether or not the threatened person follows through, making such threats is in itself an offense under California law. If you are found guilty of terrorist threats, you might find yourself suffering serious penalties including a restraining order, criminal probation, fines and jail time. Due to the serious nature of the penalties associated with these charges, it is important to get the help of an attorney when accused of these crimes. An experienced terrorist threat lawyer will help you get a better understanding of your rights and options that you have.
A terrorist threat is defined by the California Penal Code Section 422 as a person who threatens to do a crime that will lead to great bodily injury or death to another individual, with the particular intention that the statement, made in writing, verbally or through an electronic communication gadget.
According to the law, such communication is considered a terrorist or criminal threats, even though the person who made it did not intend to mean whatever the spoken words, mail or letter says. The victim of a criminal threat is in constant fear and agony as they are not sure of their own safety or that of their loved ones, which include parents, siblings, children and spouse.
According to this law, an “electronic communication gadget” refers to, but not limited to cell phone, video recorders, pagers, fax machines, computer and phone. A person convicted of making criminal or terrorist threats may suffer severe penalty including jail time and fines. It is for this reason that you require the assistance of an attorney if you find yourself facing these charges.
To be convicted of a terrorist or criminal threat, the prosecution has to prove beyond reasonable doubt that the victim was in fact fearful; prove that the fear experienced by the victim was reasonable; and prove that the fear was sustained, which means that it has to have lasted for some period of time.
In case the threat that you made wasn’t specific and clear, you might not be convicted of this crime. Additionally, if the threat did not instill fear on the victim, you are likely not to be convicted. And, if the victim was irrationally fearful, you might not be convicted. In some cases, the threats get isolated as free speech. For instance, when a member of the public has an emotional and angry outcry at a public gathering, that kind of speech might be protected.
If the terrorist threats are incriminated as a felony, a conviction can be termed a “strike” under the California “Three Strikes Law”. In case it is the third severe felony to be convicted of, with two previous “strikes”, you will do at least of twenty five years to life imprisonment in a state jail. Do not allow this action to happen to you or someone you love. Get in touch with experienced criminal defense attorney Robert E. Levy to discuss the charges facing you.
The information on this website is for general informational purposes only. Nothing on this site should be taken as
legal advice for any individual case or situation. This information is not intended to create and receipt or viewing
does not constitute an attorney client relationship.