Sometimes, in the heat of the moment, people in Bakersfield will say and do things they later regret, often times speaking before they have had a chance to think through the implications of their words.
California Penal Code 422 defines the crime of criminal threats as when a person threatens to kill or physically harm another person. To be considered credible, the threat must also include that the person is placed in a state of reasonably sustained fear for themselves or their family, that the threat is specific and unequivocal and that it was communicated either verbally, in writing, or by an electronic device. A person can be charged whether or not they actually have the means to carry out the threat, and even if they don’t actually intend to execute the threat.
Possible Defenses Against a Criminal Threat Charge
With the help of an experienced defense attorney, there are several possible defenses that can be employed against a criminal threat charge.
Chief among these is that there was no actual threat that was made. It is common for people in a dispute to make false allegations as a way of “getting even” with someone or causing them unnecessary grief.
Threats may also be construed as vague or ambiguous which does not meet the specificity standard.
A recipient’s fear can also be characterized as fleeting or momentary, or that they were never actually in fear.
It’s also possible to defend against a criminal threat if you only made a threatening gesture, but did not convey the threat verbally, electronically, or in writing.
Get Legal Help with Your Criminal Threat Defense
Bo Koenig is an experienced criminal defense attorney who has invested many years in the Kern County area since becoming a California State University student. A graduate of the San Joaquin College of Law in Fresno, Mr. Koenig is a solo practitioner who is a hands-on advocate of justice who aggressively fights for dismissals, reduced charges, and probation for his clients.
Located in Bakersfield, Koenig Law Office also serves clients in Delano, Lamont, Arvin, Mojave, Ridgecrest, Tehachapi, and communities throughout Kern County.