A criminal threats charge under 422 PC is one of the more aggressively prosecuted offenses in California. What may start as an argument, text message, or emotional outburst can quickly escalate into a criminal case with serious consequences. Understanding how California defines criminal threats, when the charge becomes a PC 422 felony, and what defenses may apply is critical if you or someone you care about is facing these allegations.
What Does Criminal Threats Mean?
Under 422 PC, a criminal threat occurs when a person willfully threatens to commit a crime that would result in death or great bodily injury to another person. The threat can be made verbally, in writing, or through electronic communication such as text messages or social media.
For a statement to qualify as a criminal threat, prosecutors must show that it was intended to be taken seriously and that it was clear, specific, and immediate enough to convey a real prospect of being carried out. Importantly, the law focuses heavily on the reaction of the alleged victim. The victim must have experienced sustained fear for their safety or the safety of their immediate family, and that fear must be considered reasonable under the circumstances.
Not every angry or reckless statement meets this standard. Heated words spoken in frustration, sarcasm, or vague threats that lack credibility may fall short of what the law requires.
Examples of Criminal Threats
Criminal threats cases often arise from emotionally charged situations such as breakups, workplace disputes, or family conflicts. Examples that may lead to a 422 PC charge include:
- Sending a text message stating you will seriously harm someone if they report you to the police
- Telling a coworker you will kill them if they testify against you
- Threatening an ex-partner with physical violence during an argument
- Leaving a voicemail describing a plan to cause severe injury
Even if no weapon is displayed and no physical harm occurs, the threat alone can be enough if it causes sustained fear. Context matters, including past behavior, tone, and whether the threat appears realistic.
Is 422 PC a Felony or Misdemeanor?
A criminal threats charge under 422 PC is classified as a wobbler, meaning it can be charged as either a misdemeanor or a felony. Whether the case is filed as a misdemeanor or a PC 422 felony depends on several factors, including the seriousness of the threat, whether a weapon was involved, and the defendant’s criminal history.
Misdemeanor cases are more likely when the threat is less specific, there is minimal prior criminal history, and no aggravating circumstances. A felony charge is more common when the threat appears credible, involves repeated conduct, or places the victim in extreme fear.
The distinction is critical because felony convictions carry far harsher penalties and long-term consequences.
Penalties for a 422 PC Conviction
The penalties for a criminal threats conviction depend on how the charge is filed.
If charged as a misdemeanor, penalties may include up to one year in county jail, fines, probation, mandatory counseling, and restraining orders. Firearm rights may also be restricted for a period of time.
If charged as a PC 422 felony, the consequences increase significantly. Felony penalties can include 16 months, two years, or three years in state prison, along with substantial fines. If a deadly weapon was used to communicate the threat, additional prison time may be added.
A felony conviction for criminal threats is also considered a strike under California’s Three Strikes Law. This means future felony convictions could result in dramatically longer sentences. Collateral consequences may include loss of gun rights, immigration issues for non-citizens, and difficulty securing employment or housing.
Related Offenses
Criminal threats charges are often filed alongside or confused with other offenses. Related charges may include stalking, extortion, dissuading a witness, or domestic violence offenses when threats occur in an intimate relationship.
In some cases, prosecutors may choose between filing a criminal threats charge or a different offense depending on the available evidence and the nature of the alleged conduct. Each charge has its own elements and potential penalties, making legal strategy especially important.
Defenses to a Criminal Threats Charge
There are several effective defenses that may apply in a 422 PC case. One common defense is that the alleged threat did not cause sustained fear. If the fear was brief or exaggerated, the charge may not hold.
Another defense focuses on intent. The prosecution must prove the defendant intended the statement to be understood as a threat. Statements made jokingly, sarcastically, or in the heat of the moment may not meet this standard.
Defense attorneys may also argue that the alleged victim’s fear was unreasonable, that the statement was too vague or conditional, or that the accusation is false or exaggerated. In some cases, First Amendment protections may apply if the statement does not rise to the level of a true threat.
Evidence such as text messages, recordings, witness testimony, and the broader context of the interaction often plays a central role in building a defense.
Why 422 PC Cases Require Careful Defense
A charge under 422 PC is not something to take lightly. Whether prosecuted as a misdemeanor or a PC 422 felony, criminal threats allegations can lead to jail or prison time, long-term legal consequences, and lasting personal and professional damage. Because these cases often hinge on context, intent, and the reasonableness of fear, early legal guidance is essential. A strong defense can make the difference between a dismissal, a reduced charge, or a life-altering conviction.
