Is Making a Criminal Threat (PC 422) a Strike Offense?
Penal Code 422(a) governs the charge of making a criminal threat against another. It is characterized as a wobbler, allowing the prosecutor to charge you with either a felony or a misdemeanor. Factors the prosecutor will consider are your prior criminal history and the overall nature of how the crime occurred – e.g., with the […]
California New Trial Motion versus Criminal Appeal
In California, there is a difference between a motion for a new trial versus an appeal. Though both types of relief can encompass the same issues, they take place before different courts. For example, a new trial motion is litigated before the trial judge whereas an appeal is litigating before the appellate court. A motion […]
The Initial Appearance in Federal Court on Criminal Cases
When you have been arrested or taken into custody by federal agents, ordinarily you appear in court within a few hours. Moreover, agents typically arrest in the morning where you are arraigned in court that same afternoon. The initial appearance is one of the most important hearings in a criminal case. The initial appearance (also […]
California PC 422(a) Reduction to Misdemeanor & Expungement
In California, conveying a criminal threat is a wobbler making it charged as either a misdemeanor or felony. It’s codified under penal code 422(a) pc and conviction carries lasting consequences including a life-time ban to owning a firearm. Furthermore, if you were convicted of felony criminal threat, then the strike attaches even if you subsequently […]
Examples of Making a “Criminal Threat” – California PC 422(a)
Conveying a criminal threat is codified under California penal code 422(a) pc. What constitutes a criminal threat has been the subject in the appellate courts for years. Unfortunately, there is no precise way to determine a threat since it’s based on the “surrounding circumstances.” However, below are twelve (12) examples of making a criminal threat […]
