Recent Results:

Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!

Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!

Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.

Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!

Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!

Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!

Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!

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Criminal Threats: California Penal Code 422

A terrorist or criminal threat is a threat of violence, threat to hurt, injure or kill others with the intent of intimidating or frightening them, or causing public panic. The threat may be made in writing, electronically, by phone or in person. It can be made against an individual, a group of people, or a public building or work place.

Examples of Terrorist or Criminal Threats:

  • Threatening to kill or hurt your girlfriend/boyfriend.
  • Calling in a bomb threat to the local post office.
  • Sending a threatening e-mail to an abortion clinic or church.
  • Terrorizing a local family for religious or political reasons.
  • Threatening to hurt your ex-wife's new boyfriend.
  • Threatening harm or injury to a neighbor.

California Terrorist and Criminal Threats Law

Under California Penal Code Section 422, a terrorist or criminal threat is taken very seriously. To be convicted of a criminal threat charge, the alleged act must meet the following 5 conditions:

  • The accused willfully threatened to unlawfully kill or unlawfully inflict great bodily injury on another person;
  • The accused made the threat with the specific intent that it be taken as a threat;
  • The threat is so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose and the immediate prospect of execution (the person was very clear and specific about carrying out the threat);
  • The threat actually caused sustained fear in the victim (for "a period of time that extends beyond what is momentary, fleeting, or transitory"); and The sustained fear was reasonable.

Terrorist and Criminal Threats Penalties

In California, a terrorist or criminal threat may be charged as a misdemeanor or a felony, depending upon the seriousness of the threat and its consequences as well as the discretion of the prosecutor. The punishment will vary accordingly and may include jail time, prison time, parole or probation, and large fines; and you may lose your right to vote or own a gun.

Misdemeanor Criminal Threats Penalties

The court can impose probation (informal) with or without jail time, community service, physical labor, counseling, restitution (paying the victim), fines ($200 to $2,000), and "stay-away" orders. A conviction also results in the person having a permanent criminal record.

Felony Criminal Threats Penalties

In California a terrorist or criminal threat is punishable by up to three years in state prison. Criminal or terrorist threats are considered a "strike" under California's Three Strikes Law.

Defending a Terrorist and Criminal Threats Charge

If you've been charged with a terrorist threat, the prosecutor must prove all five requirements listed above. There is a fine line between an off-hand statement or a joke and an actual criminal threat that can be punished by law. The court will weigh the evidence against the First Amendment protecting freedom of speech. We will pursue and prepare all defenses to these charges. We will also raise issues such as lack of or insufficient evidence, mistaken identity, or your right to freedom of speech where applicable. We will do this by:

  • Immediately challenging the charges;
  • Conducting extensive investigations;
  • Interviewing law enforcement officials;
  • Locating and interviewing all the witnesses associated with the criminal threat allegations; and
  • Presenting applicable evidence against the person(s) making the charges.
  • Los Angeles County
  • Orange County
  • Riverside County
  • San Bernadino County
  • San Diego County
  • Ventura County

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Office Locations

Main Office:
Law Offices of David S. Chesley, Inc.
A Professional Law Corporation
4533 Van Nuys Boulevard, Second Floor
Sherman Oaks, CA 91403

Additional offices in the Counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego and Ventura.

 
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