San Bernardino criminal threats attorney serving Pomona, Rancho Cucamonga, Fontana, Victorville & all of San Bernardino County
Words spoken in anger can sometimes lead to an arrest for what is known in California as “criminal threats.” This used to be called “terrorist threats.” Someone can be found guilty of a criminal threat if he or she:
- Threatens to kill or inflict great bodily injury on someone;
- Makes the threat either in person, via phone/text, or in writing;
- Intended that the comments be understood as a threat and intended for the person to receive the threat;
- Made the threat clear, immediate, unconditional and specific;
- Made the threat so that it actually caused the person receiving it to be in “sustained fear”; and
- The person’s fear was reasonable under the circumstances.
Criminal threats can be charged either as misdemeanors or felonies. As a felony, a criminal threat is considered a “strike” offense. If you or a loved one is charged with this crime, contact San Bernardino criminal threats attorney Marcie Gardner to discuss your case.
How Marcie Can Help You
The crime of “criminal threats” is not meant to punish every angry outburst. Sometimes people say things in the heat of an argument, or when they are intoxicated or on drugs, that they would never otherwise say. People often find themselves charged with criminal threats in addition to other types of crimes (for example, domestic violence, assault or battery, or public intoxication).
Just because you are charged with criminal threats does not mean you are guilty of that crime. But because it can be considered a “strike,” it is important for you to work with an experienced attorney to help prepare your defense. These types of charges can also make it difficult for you to get or keep a job, as just the charge itself can make people think you have a violent temper. Marcie has successfully helped many clients faced with criminal threats and knows how to poke holes in these types of cases.
When dealing with a criminal threats case, Marcie knows that it is critical to look at the context in which the words were said. Not every angry outburst can or should be punished as a criminal threat. What may be threatening in one situation (yelling “I’m going to kill you” during a physical fight) may not be in another (yelling “I’m going to kill you” when your friend plays a joke on you). The law sets a fairly high standard for what kinds of words can be seen as a criminal threat. On the other hand, your words can be seen as a criminal threat even if in your own mind, you never intended to carry out the threat.
If you have questions about criminal threats or want to consult with an attorney about your case, contact San Bernardino criminal threats attorney Marcie Gardner. When working with Marcie Gardner, your initial consultation is always free of charge. No fee whatsoever. To contact her, please call 909.635.2047.
Please call today.