FREE CONFIDENTIAL CONSULTATION
AVAILABLE 24/7
AVAILABLE 24/7
FREE CONFIDENTIAL CONSULTATION
AVAILABLE 24/7
AVAILABLE 24/7
(866) 847-7613
A 24-year-old Palo Alto man (name withheld in order to protect the privacy of the accused) seems by all accounts to have been walking down the street, minding his own business, when several teenagers, deciding it would be funny to set off fireworks in a nearby parking garage, hit him with a lit incendiary. No one but the man can say what was going through his mind as he ascended the parking garage and allegedly proceeded to attack the young persons above. What is certain is that he was angry with them for having thrown the firework that hit him. The 5 teens claim that he came out of nowhere, pushing one of them and asking for money from another. He then threatened to throw them off of the roof where the confrontation was taking place. He was eventually charged with several different crimes: misdemeanor battery (CA Penal Code 242), felony criminal threats (CA Penal Code 422), and felony robbery (CA Penal Code 487).
If convicted, he will face jail time and fines per the misdemeanor battery and felony robbery charges. Many Californians are at least somewhat aware of the penalties for the above crimes. However, there are perhaps few that are aware of what the charge of “felony criminal threats” really means. Threatening another person becomes criminal when you make someone fearful that you will kill them or physically harm them, you have to say these things directly, your threat must be specific, and the other person has experience fear as a result of your threats. It doesn’t matter whether or not it is possible for you to carry out your threats or whether you meant them at the time; you could still be arrested pursuant to CA PC 422.
This crime is what is known as a ‘wobbler,’ meaning that prosecutors must decide whether they will prosecute it as a felony or as a misdemeanor. If he is found guilty of felony criminal threats, he may spend 4 years in state prison. It is also considered a ‘strike’ under California’s Three Strikes law.
latest news
In California, there are different types of domestic violence. Unfortunately, domestic violence is far more common than many people realize, and it is critical to understand the different categories into which domestic violence might fall. For example, some people might be involved in physical abuse, while others may be in emotional or sexual abuse. Intimate […]
You probably realize your life has significantly changed if you have been charged and convicted of domestic violence. You may be facing punishment from the court system, but you might be able to mitigate that punishment if you are willing to take domestic violence classes. The reality is that the justice system focuses just as […]
Domestic violence is a problematic situation. Numerous cases of domestic violence take place within a family unit. As a result, the legal process can be messy. In some situations, someone may accuse a family member of domestic violence, only to try to recant their statement later. What does this mean? How is a domestic violence […]
