Orange County, Ca Criminal Defense & DUI Blog

What is Criminal Threat

California Penal Code Section 422 defines Criminal Threat as threatening someone else, whether in writing or verbally, to murder or cause physical injury to someone or persons they may know.

An illustration gives you a better idea of how the crime is played out:

An example of Criminal Threat is when someone phones someone and threatens to stab them at a certain time.

Determining Factors of Criminal Threat:

Before any case can be brought to court, there are factors of the crime that will need to be verified. Criminal Threat CPC 422 is no different, and these factors include:

• Someone scared someone to kill or hurt them physically
• Someone made the victim of criminal threat be in a continuous state of worry of fear
• The person making the threat did so electronically, through verbal conversation, or in written form
• The threat was specific, outlining particulars of the time the threat would be carried out,  and the manner in which they would do so

Penalties for California Penal Code 422

A threat does not have to be carried out, so long as a victim felt endangered by a written, verbal or electronic statement. The fines and punishments for Criminal Threat, if convicted, include:

• Misdemeanor: Jail: up to 1 yr |Fine: up to $1000
• Felony: Prison: up to 3 yrs | Fine: up to $1000

It should be noted that felony or misdemeanor charges are determined by specific circumstances of the case, and the court will deliberate on these, before sentencing someone found guilty of criminal threat.

How to Hire a OC Lawyer for Criminal Threat:

Choosing a lawyer may be the difference between proving your innocence or being convicted of a crime you were no part of. Most  crimes, and especially criminal threat, can have many negative repercussions on your life if proven guilty. If you are accused of criminal threat and are innocent, it’s time to call a legal defense team that knows the law like the back of their hands. In addition, if you are guilty, a legal defense team can work to decrease penalties and fines. Call MacGregor and Collins at 949-250-6097 today.

Quick Resource

Are you new to the State of California and need to learn more about criminal offenses and their penalties? We have built a convenient resource center at the California Section Penal Codes Library.

California Penal Code Section 236 is labeled false imprisonment, which essentially defines someone willfully bringing someone into a situation or place they are not comfortable or consenting with.

A clear example of false imprisonment involves when someone lures someone into a car with them, without them approving. One other example to present the situation of false imprisonment more clearly is when two domestic partners are fighting verbally, one of the partners wants to leave, but the other person prevents them from doing so with the use of threat or violence.

This leads us to the other point in how charges for false imprisonment are filed. For starters, false imprisonment is a wobbler under California law, which basically means that it can be filed as a misdemeanor or felony.

The fines and charges are based on the conditions under which false imprisonment took place and  the history of the defendant. The misdemeanor charges include:

• 6 months in the Orange County Jail
• Up to $1,000 in fees

In the event that the false imprisonment was executed with the use of force, threats, or fraud for personal gain, the defendant will be convicted of a felony and the charges include:

• 16 months/2/4 Years in the California State Prison
• Up to $10,000 in fines

Additional Note:

For cases of false imprisonment involving seniors, the charges will also be increased.

Not all accusations of false imprisonment are accurate. Some individuals may have been acting in the interest of protecting  the victim, the defendant may have been under duress to commit the crime, or it could also be a case of self defense. A good legal team like McGregor and Collins can help to examine all aspects of a false imprisonment trial, in order to prove the defendant’s innocence.

To learn more about  California Penal Code 236 and other California Section Penal Codes, go here.

Assault is a misdemeanor offense under California Penal Code Section 240. It is when someone willfully behaves in a manner that would most probably result in force.

This penal code sets the stage for many other subdivisions of assault including aggravated assault, battery, sexual assault and many others. These carry different charges and can be explored in our other postings associated with assault.

Speaking of fines for assault, the charges involve six months in jail and a maximum one thousand dollar fine. However, in order to be convicted of assault, or even take the case to trial, certain things will have to be established first. This includes that the defendant:

• Willfully conducted in a way that would almost certainly end in force
• Was conscious that the way they behaved would almost certainly end in force
• Was fully capable of using force

An illustration of cases where assault takes place is when two domestic partners are fighting verbally, when one partner takes a swing at the other but misses, that is regarded as assault.

Assault doesn’t require a victim to suffer bodily injury, so it can sometimes be very easy to falsely accuse someone of assault. If you are being charged with assault and are innocent, it’s imperative that you contact a lawyer as criminal charges stay on your record for a very long time. This in turn can have a domino effect on several aspects of your life, including when you’re trying to find a job, entering a new relationship, trying to sign up to a community organization and many other instances.

In addition to the charges listed earlier, those convicted can also be ordered to partake in a batterer’s program, a probation, though informal, and also community service.

It should also be noted that special provisions are made for Executive Officers who also suffer from an attack of assault. When this takes place, the guilty party’s fines may be increased by a judge.

McGregor and Collins can assist those who are facing criminal charges for assault. Call (949) 250-6097, or visit the website for additional information.

Find out more about more California Section Penal Codes here.

CPC # 484, otherwise known as California Penal Code Section 484 for theft, is essentially taking other people’s personal possessions. Stealing is a serious criminal offense in many cities and in California, laws are outlined to bring about justice to victims and punish those who breach penal codes.

For starters, let’s take a closer look at the crime of theft. Many times CPC is used interchangeably with Petty Theft, under CPC # 484, however this is misleading as there are two types of theft – Petty and Grand Theft. The law of theft under California Penal Code 484 is a giant umbrella that has many subdivisions. This article will explore what each types of theft constitute and the penalties for each.

As mentioned before, theft is when you take someone else’s items, you deprive them of their ownership rights and when  the items stolen is valued under $950, it is classified as petty theft. Any item valued over this amount is regarded as grand theft.

Petty Theft Charges – CPC # 488:

Penalties for petty theft under California Penal Code Section 488 are a maximum of 6 months in jail and a fine of no more than $1,000. The judge may also order a perpetrator to pay a victim restitution fee for the item they stole.

Grand Theft Charges – CPC # 487:

Penalties for grand theft under California Penal Code Section 487 may either be a misdemeanor charge, which is a maximum of 6 months in jail and a fine of no more than $1,000.  If filed as a felony the punishments include sixteen months, two or three years in prison and a ten thousand dollar fine.

Of course, there are many defenses when it comes to theft. People may have been set up or they may have been blackmailed. These laws are also much more extensive as there are other subdivisions of theft like grand carcass theft, which is the stealing of agricultural goods or farm animals; there is also grand auto theft, which comes with its own outlines and penalties.

In addition to the charges mentioned earlier, there are also other fines associated with other types of theft, even if a stolen item is worth more or less than what the definitions state. As an example, if you steal a farm animal worth more less than $950, it is still considered to be grand theft, and  despite the value, charges will be increased too. Also, if an item is valued at less than $250, rather than being convicted of a misdemeanor offense, a good lawyer can reduce your charges to an infraction, especially if you are caught in a minor shoplifting offense.