WHAT IS THE PENALTY FOR THREATENING SOMEONES LIFE

Asked over 3 years ago - Carson, CA

A 17 YR OLD BOY, WHO WAS BEING BADGERED BY HIS GRANDMOTHER, TOLD HER HE COULD KILL HER AND MAKE IT LOOK LIKE NATURAL CAUSES.
THE GRANDMOTHER CALLED MULTIPLE PEOPLE AND TOLD THEM THAT IF ANYTHING HAPPENED TO HER, TO HAVE HIM INVESTIGATED . 2 WEEKS LATER HE WAS ARRESTED FOR THREATENING HER. NOT REPORTED BY HIS GRANDMOTHER. THE POLICE SAID SOMEONE HEARD HIM THREATEN HER. HE ISN'T VIOLENT IN FACT HE TAKES CARE OF HER. HE HADN'T GOT UPSET AFTER THAT INCIDENT AND NO ONE WAS THERE AT THE TIME OF THE INCIDENT.

Attorney answers (2)

  1. Robert Lee Marshall

    Contributor Level 20

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    Answered . Penal Code 422, criminal threats, is a "wobbler" that can be charged as a misdemeanor or a felony. As a felony, is carries up to three years in state prison, and a misdemeanor has a maximum of a year. A felony 422 conviction is also a "strike" under the Three Strikes law, which can increase the punishment for any future conviction.

    However, since he is seventeen, his case would most likely be handled in juvenile court. The juvenile courts focus on rehabilitation, not punishment, and he would probably receive counseling and supervision. There is a possibility he could be sent to a group home.

    To convict someone of Penal Code 422, the prosecution must show the defendant:

    1. Made a statement, intended as a threat;
    2. To kill or seriously injure the victim or a member of their immediate family;
    3. Causing the victim to fear for his or her safety.

    Please understand that this is a general discussion of legal principles by a California lawyer and does not create... more
  2. Brian Russell Michaels

    Pro

    Contributor Level 16

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    Answered . Mr. Marshall is spot on. The only thing I would add is that, as a former prosecutor, these are often very tough cases to prove at trial as they are word crimes which are always subject to interpretations.

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