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What is the limitation for death threat over the internet?

Garden Grove, CA |

i was mad about some boxing fight so i sent a tweet to the boxer said something like "ill stab u" and after a few months i realize that was bad so i tweet back and apologize and said that i didnt mean to say that. but i afraid cause i saw some people got arrest over death threat like that. is there statue of limitation on death threat over twitter?

Attorney Answers 3


  1. The basic answer is yes, there is a statute of limitations for that crime.

    Regarding the length of the statute of limitations, I believe the statute of limitations for threats to kill, under the law, is three years. If charged as a misdemeanor, it's two years. However, as I understand it the level of police interest becomes much less after even a few weeks for a crime like this.

    I would suggest you re-target this to the Criminal Defense Practice Area so you can get responses from those who know far more about this than me.

    Good luck to you.

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  2. The odds of anything happening after this length of time are slim. Having said that, Penal Code 422 is the code for criminal threats. It is a "wobbler" and can be filed either as a felony or a misdemeanor. As a felony, it is a strike and carries up to 3 years in custody.

    They would have up to 3 years to file charges against you.

    They would have to prove that you made a specific threat of death or harm with the intent that it be taken as a threat.

    Don't admit to anything - either here or to the authorities. If something comes of this, you need a lawyer.

    You will need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

    Please pardon any typos - posted via mobile device.

    The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  3. It seelms unlikely that the boxer will sue you. How are your boxing skills? That would worry me. Maybe you should resolve never to make a threat of any kind again. If by some freak of fate you are charged with a crime, find a criminal defense attorney at once. And hope that no one stabs the boxer.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.