California Penal Code 422

Are you facing charges for criminal threats? Violation of Penal Code 422 is a serious felony. We at MacGregor & Collins have over 40 years of combined experience in Orange County criminal threat cases. Contact us today to obtain a free case evaluation and evaluate your options.


PC 422 Defined


Anyone who knowingly threatens other parties to kill or cause bodily harm, whether written or verbally, can be found guilty of violating Penal Code 422.


In order to successfully convict you of making criminal threats, the state will need to have sufficient evidence that you:


  • Threatened to Kill or Inflict Bodily Harm
  • Provoked Nonstop Fear: Any individual who causes the victim to be in constant worry of danger of his/her life, or their immediate family’s life
  • Stated a Threat – Any individual who threatens verbally, electronically or in writing.
  • Conveyed Immediate Initiation of a Threat: Any individual who makes it specific how and when they will harm the victim.


Penalties for Criminal threats


The penalties or punishment for making criminal threats depends on whether it is being filed as a felony or a misdemeanor, and those found guilty can face:


  • Felony
    • Up to 3 Years in a California State Prison and a maximum $100,000 fine
  • Misdemeanor
    • up to 1 Year in Orange County Jail and a maximum $1,000 fine
    • An additional consecutive year in prison if a deadly weapon was used while making the threat


Whether a defendant intended to carry out a threat or not, (conditional or empty), both have penalties, since the victim in question feared for their life or for their loved ones. Though many threats are common place, if someone feels threatened or in danger, they can and may file a criminal threat charge against you.


California Criminal Threat Defense


If you are facing criminal threat charges for Penal Code 422, we can help you. Let a MacGregor & Collins, LLP attorney guide you through the legal process and help you to better understand the penal code charges brought against you. Call (888) 250-2865 or fill out our contact form for assistance.

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