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How much time can someone get for threatening to kill someone?

Corona, CA |

I just want to know how much time someone can get for threatening to kill someone?
Also if my mom called the cops on my boyfriend but she said she didn't want them to arrest just to settle him down . . But the cops still arrested him can that help his case?
Am just so stressed! I don't know what to do. . I need help what can I do?

Attorney Answers 1


Your boyfriend is likely facing the charge of a violation of Penal Code 422 - commonly known as making a "criminal threat". This crime is a wobbler, meaning it can be charged as a misdemeanor or a felony. If it is charged as a felony, the maximum possible time the statute allows for this offense is a three year sentence (assuming your boyfriend has no prison priors or prior strikes etc..). Also, know that if it is filed as a felony, it is being charged as a "strike" offense, and if convicted of a strike offense that can greatly impact the amount of time your boyfrend could be sentenced to in future felony cases.

If it is filed as a misdemeanor, the maximum time your boyfriend could be sentenced to is a year in County Jail. And it would not be considered a "strike" offense.

HIs result with depend on various factors, such has his criminal record or lack thereof, the strength of the evidence against him, the specific nature of the threats he is accused of making, whether he was experiencing mental illness manifestations when the incident occurred, his attorney's persistence, knowledge and experience, and several other factors.

Unfortunately for your cousin, the Riverside County DA's office is usually very aggresive in prosecuting any offense that could be considered a strike offense. So - what to do? What can you do? Help your boyfriend hire an attorney, or if he has no means to hire a private attorney, then he may qualify for the assistance of the Public Defender's office.

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Thanks for answering. . N wen dis all happened he was threating to kill himself and he was actually trying to kill his self . . And no one has money to pay for a lawyer so he's just going to have to get a public defender but will the public deffender help him like a lawyer would? . . In his background he actually has robbery n did 1 year for that . . Could that make his sentencing worse? . . And he also has no strikes

Brian Andrew Bezonsky

Brian Andrew Bezonsky


Robbery is a strike offense, so that can dramatically affect his potential sentence in this case. And having the robbery conviction on his record may affect the DA's decision in going with a felony instead of a misdemeanor filing in this case. Since he was clearly experiencing depression/mentall illness at the time of this alleged offense that may be considered as a mitigating factor in sentencing by a Judge or by the DA's office in making a plea offer. If your family and his family has no means of hiring a private attorney, then put your trust in his Court Appointed attorney, and hope for the best.



What if his robbery case was about 7 years ago? . . What can I do cause I told the police that he was saying he was going to kill himself and that he was even trying to kill himself if my boyfriends mom said they don't have that on the report what can I do so they know that he did try to kill him self etc.?

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