Mr. Bruzzo’s extensive experience in local courts in
Orange County can make the difference in the
outcome of your case.
A person may be found guilty of a criminal threat (also called a terrorist threat) under penal code section 422 if:
The threat in question here cannot be conditional. If someone says “I am going to kill you, if you do not return my car.” That would not be a criminal threat because the threat is conditional on the person returning the car and therefore not immediate.
This crime can be alleged as a misdemeanor or a felony. If it is alleged as a felony then it becomes a strike offense which can double the sentence of the Defendant in a later prosecution for a felony. Generally, the prior record of the Defendant will determine if it gets filed as a felony or a misdemeanor. Also, because this sort of case is a “he said/ she said” situation, often times the District Attorney will decline to file the matter without corroboration from another party who heard/saw the threat OR if the matter is not corroborated the District Attorney may file a misdemeanor instead of a felony.
As a misdemeanor this charge faces a maximum confinement time of 1-year in custody; as a felony it carries a maximum of three years in custody.
Please contact Mr. Bruzzo on any criminal matter at (714) 547-4636.