Terrorist Threats in Orange County
A "terrorist threat" according to the California Penal Code does not necessarily mean a possible attack by terrorists. On the other hand, this is a term that is used to describe the type of threats we've seen and heard about decades before the Sept. 11 terrorist attacks - bomb threats, domestic violence, a verbal, written or e-mail threat or school violence. Even if the person who sent out the threat did not intend to carry it out, it will be treated as a crime punishable with jail or prison time.
California Penal Code Section 422 clearly defines what constitutes a terrorist threat:
- A person must "willfully threaten to commit a crime which will result in death or great bodily injury to another person."
- There is specific intent that the statement made verbally, in writing or by means of an electronic communication device is to be taken as a threat even if there is no intent of actually carrying it out.
- There is "a gravity of purpose and an immediate prospect of execution of the threat."
- It causes a person to reasonably fear for his or her own safety.
 An electronic communication device used to convey the threat could be anything from telephones, cell phones, computers, video recorders, fax machines or pagers.
In California, terrorist or criminal threats may be charged as a misdemeanor or a felony depending on the gravity of the threat and its consequences as well as prosecutorial discretion. If it is charged as a felony, it will go on your permanent record and will be considered as a "strike" as per the California "Three Strikes and You're Out" statute.
If you have been charged with making a criminal threat, you need a reliable, knowledgeable and skilled Orange County terrorist threat defense attorney from Coffey & Coffey who will help build a strong defense. We could raise issues such as lack of or insufficient evidence, mistaken identity or your right to free speech in cases where it may apply. If you or a loved one has been accused of making a terrorist threat, call Coffey & Coffey to find out how one of our experienced Orange County terrorist threat defense lawyers can help.
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