Is "I'm gonna kick your ass" a reason to be charged with misdemeanor criminal threat? I was charged with PC 422 misdemeanor

Asked over 3 years ago - Whittier, CA

I was threatened by a construction worker who said "I'll knock you out little fag*ot" after I asked him to fix an issue with the bridge he was in charge of working on. He called police and said I threatened him by stating "I'm gonna kick your ass". I never said any threats and he actually threatened me. I started to film on my cell phone after he threatened me and I told him I would post it on youtube and show his boss how he was acting. He didnt like that and simply called police and lied. He had co-workers who stopped him from fighting me also lie to the police for him. I was alone with no weapons simply asking if the can fix some steel plates they installed into a bridge next to my house.The plates were making extremely loud booming noises that about 200 houses could hear 24/7 for weeks

Additional information

*** I waited 20 minutes for police to file a complaint against "Shawn" and the Sheriff could care less.
***I was also never placed under arrest, I was told "I'm gonna hook you" and that was it. Those were the Sheriffs exact words... ***I wasn't read my Miranda rights until 30+ hours after I was put in handcuffs and put in jail. I was in jail a little over 30 hours total before I bailed out on a "Felony criminal threat charge" which was 50,000 bail! After I bailed out they reduced the charge to a "misdemeanor" criminal threat charge. This is a prime example of the police "railroading" someone who was simply to try to fix a problem. ***An hour or so after I was released from Jail I then called the Sheriff's department to file a complaint against "Shawn" the man who threatened me and they said they couldn't do anything about it. The man threatened me just 30 hours previous but they can't do anything about it. (How is that possible?)

Attorney answers (4)

  1. Robert Marshall Sanger

    Contributor Level 15

    Answered . A 422 is based on a credible threat of harm that causes actual fear in the recipient. You need to hire a lawyer or, if you cannot afford one, apply for the services of the Public Defender.

    Your lawyer, private or public, will talk to you about the prosecution's burden of proof in the matter. She or he will also tell you what investigation needs to be done. There certainly may be other witnesses who will back up your version of the story.

    Anyway, thake this seriously, get a lawyer and good luck!

    This is not legal advice. In order to get legal advice, you need to retain a lawyer and establish an attorney... more
  2. Brian Andrew Bezonsky

    Contributor Level 14

    Answered . For some reason it appears the Sheriff's Deputy believed the construction worker. Perhaps because of the additional witnesses he had. Of course, to convict you of a crime, the DA's office must prove beyond a reasonable doubt that you threatened imminent harm to the construction worker, and that you were not acting/speaking in self-defense. Your attorney will need to investigate the matter. What were each of the witness' statements? Were they consistent/inconsistent? Do you have any witnesses to corroborate your side of the story? Is there any video footage on your cell phone? Do you have a criminal record - any violent offenses in the past? Does the construction worker have a criminal history, particularly one that would weaken his credibility? The list goes on. You need to hire an attorney.

  3. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . You need to retain an attorney to deal with thsi. The police believed that your words created a real threat that caused actual fear in the party receiving it. The police believed the onstruction worker. An attorney is needed to protect you and detail what the DA has to prove to meet with respect to it's burden of proof.

  4. Andrew Stephen Roberts

    Pro

    Contributor Level 20

    Answered . You need to retain an attorney to deal with thsi. The police believed that your words created a real threat that caused actual fear in the party receiving it. The police believed the onstruction worker. An attorney is needed to protect you and detail what the DA has to prove to meet with respect to it's burden of proof.

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