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Defining "Criminal Threats"

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BLOG | Jun-10-19Defining "Criminal Threats" 
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for over 20+ years
  • If you need a lawyer,
    she is the one you want.
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  • If you need a lawyer,
    she is the one you want.

    “Her knowledge and professionalism are what helped me get through a difficult time.”
    avvo review
  • If you need a lawyer,
    she is the one you want.

    “Her knowledge and professionalism are what helped me get through a difficult time.”
    avvo review

You might think that the only way through which you can be convicted of a violent crime in Fullerton would be to actually take action against another. Yet that is not always the case. Many clients have come to us here at The Law Offices of Jacqueline Goodman thinking that their right to free speech also affords them the freedom to say whatever they want without facing any criminal charges. Yet law enforcement officials may often view the words you say as conveying an intent serious enough to warrant charging you with a crime. 

You might think that only by doing something like yelling "Fire!" in a crowded theater in order to incite panic warrants any type of criminal punishment. State law, however, recognizes direct threats made to another individual as constituting a crime. Section 422 of the California Penal Code states that if you communicate anything to another (be it through written or spoken words or electronic communication) that said person believes to be a threat credible enough to cause them to fear for their own safety (or that of their family members), you can be arrested for making criminal threats. This is true even if you never had any intention of carrying the threat out. 

Challenging such a charge may require you proving that your words would not have been taken seriously by a reasonable person. Indeed, the law does say that in order to qualify as criminal, as a threat must be "so unequivocal, unconditional, immediate, and specific" that one would have to take it seriously. Thus, a general statement (even if made in anger or the heat of a moment) might not qualify as a threat. 

You can learn more about dealing with criminal charges by continuing to explore our site. 

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    MISDEMEANOR SETTLEMENT

    MISDEMEANOR SETTLEMENT

    2ND DUI

    Misdemeanor on completion of community service - Felony 2nd DUI, under 21 with injury.

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    case dismissed

    CASE REJECTED

    ATTEMPTED MURDER OF POLICE OFFICER

    Los Angeles Arrest Pre-filing representation on Attempted murder of police officer, assault with a deadly weapon upon a police officer.

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    CASE
    REJECTED

    CASE REJECTED

    ASSAULT WITH A DEADLY WEAPON

    Strike felonies including assault with a deadly weapon - car with great bodily injury.

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    case dismissed

    Case dismissed

    CAR ACCIDENT

    Car accident, no license, speeding (filed by Anaheim City Attorney).

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    case dismissed

    Case dismissed

    CHILD ENDANGERMENT / CRUELTY

    Penal Code 273a(b) Child endangerment/cruelty.

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    case dismissed

    Case dismissed

    CHILD MOLESTATION

    Child molestation: Felony.

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    PROBATION TERMINATED EARLY

    PROBATION TERMINATED EARLY

    COMMERCIAL BURGLARY

    Commercial burglary probation violation: dismissed, no violation found.

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    case dismissed

    Case dismissed

    CONTEMPT OF COURT ORDER

    Contempt of court order by a gang member.

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    Case dismissed

    Case dismissed

    CSA CASE

    CSA case dismissed.

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