It can be a terrifying experience to be arrested and charged with a terroristic threat in California. If you are convicted of this charge, you face the possibility of serious criminal penalties that can affect the rest of your life. Understanding how to beat a terroristic threat charge in California begins with understanding your rights and your legal options. An attorney at The Law Offices of Jacqueline Goodman can help you.

About The Law Offices of Jacqueline Goodman

At The Law Offices of Jacqueline Goodman, we represent clients facing major criminal charges, including terroristic threats, in Mission Viejo and Orange County. Jacqueline Goodman is a nationally recognized criminal defense attorney with decades of experience. Fearless and effective, she has been honored with numerous awards and has even been featured on the Wall of Recognition at the National Constitution Center. The Skip Glenn Award for excellence in criminal defense is also one of her many accolades.

The dedicated team at The Law Offices of Jacqueline Goodman is passionate about defending the rights of the accused and ensuring all clients receive the greatest possible criminal defense.

Understanding Terroristic Threats

A terroristic threat involves planning a violent offense that might lead to death or severe bodily harm, along with extensive property destruction. The crime is committed with the purpose of terrifying someone or interfering with their regular activities.

Someone can be convicted of making a terroristic threat without any physical violence happening. The threat itself is enough to be considered a crime. Some examples of terroristic threats include:

• Sending a threatening message to someone, saying you will harm them or their family
• Threatening to detonate a bomb in a public space
• Threatening to release harmful or toxic chemicals to the public
• Making threats to a person or organization, such as a school or job, to force them to comply with your demands

A joke or offhand remark can become a terroristic threat if a reasonable person would fear for their safety after hearing the remark. The importance of understanding this distinction cannot be overstated, as terroristic threats have serious legal consequences. If you have been charged with a terroristic threat, it is essential that you work with an experienced terrorist threat defense attorney.

California Terrorist Threat Defense Laws

While terroristic threat numbers are scarce, the violent crime numbers in California can provide insight into the occurrence of such crimes, as, at times, these crimes begin as threats. In 2023, the violent crime rate in California was 511. The homicide rate was 4.8, and the aggravated assault rate was 345.3.

California Penal Code § 422 states and criminalizes the act of threatening to commit a crime that will result in the death of another individual or cause great bodily injury. The statute states that the threat must be made with specific intent that the statement is to be taken as a threat, even if there is no intent to actually carry out the threat.

The threat must clearly demonstrate unconditional seriousness, which conveys to the targeted person an immediate danger that endures as a real threat to their personal safety or that of their immediate family.

How To Beat a Terroristic Threat Charge

All terrorist threat defense cases are different, and your defense will depend on the facts, evidence, and law in your case. The experienced criminal defense attorney at The Law Offices of Jacqueline Goodman tailors strategies to each client’s case to protect your rights and seek the optimal outcome. Some common defenses to a terroristic threat charge include:

• Lack of intent: The prosecutor must show that you intentionally made a threat that was meant to be taken seriously. If you did not intend to make a threat or if your statements were misunderstood, it could be a strong defense.
• Challenging the threat: Under legal standards, statements qualify as terroristic threats only if they are clear and serious rather than vague or conditional.
• Constitutional protection: Defendants may claim their statements fall under free speech protection, while others might argue that due process rights violations occurred.
• Examining and questioning the evidence: Evaluating every communication and witness account along with the context of the alleged threat allows your lawyer to uncover weak points and inconsistencies in the prosecution’s case.

Your lawyer should carefully assess all evidence and claims made against you to attempt to reduce or dismiss the charges against you.

FAQs

Can a Terroristic Threat Charge Be Dropped?

Yes, a terroristic threat charge can be dropped in certain situations. The case may be dropped by prosecutors if the evidence is lacking or if the proof of threat beyond a reasonable doubt fails, while successful defense challenges target intent or context. A skilled attorney can negotiate with prosecutors and present mitigating evidence while searching for procedural mistakes to have charges dismissed.

How Do I Beat a Criminal Threat Charge in California?

To successfully defend against a criminal threat charge in California requires disputing the prosecution’s evidence while proving there was no intent to threaten or demonstrating that the statements were misinterpreted or legally protected.

An attorney who understands the intricacies of the case can analyze witness testimony and other relevant communications to find weak points that will help them negotiate down charges or push for dismissal, which protects you from serious legal repercussions following a conviction.

How Do You Prove Verbal Threats?

To prove verbal threats, the prosecution must establish that a person intentionally threatened to commit a crime that placed another person in fear of harm, and a reasonable person would have been similarly threatened.

The prosecution can demonstrate verbal threats through witness accounts and evidence like recordings or written communications, including texts and social media posts. The legal analysis considers both the statement’s context and its tone, along with the speaker’s intent.

What Are Examples of Terroristic Threatening?

Some examples of terroristic threats are threatening to harm someone’s family, threatening to set off a bomb, sending threatening letters or messages, and making threats at school, work, or online that are intended to scare others. Jokes or exaggerations can also be terroristic threats if a reasonable person would believe the threat was real and be afraid for their safety.

Hire a Terrorist Threat Defense Lawyer

If you have been accused of making terrorist threats, hire a terrorist threat defense lawyer at The Law Offices of Jacqueline Goodman today. We can help you fight for your future. Contact us to get started.