Posted on September 23, 2018

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 use of a weapon.

A felony charge will automatically carry a strike allegation since it’s characterized as a serious felony. However, strikes do not attach to misdemeanors. Thus, a misdemeanor charge of criminal threats will not lead to a strike on your record in the event there’s a misdemeanor conviction.

There is no way to obliterate the strike unless the criminal threats charge is dismissed. Accordingly, as noted above, a felony conviction for PC 422 will always include the strike allegation.

If you were convicted of felony PC 422, but later reduced your felony to a misdemeanor under Penal Code 17(b), the strike will still remain and it can be later used against you in the event you’re convicted of a subsequent felony.

Because of the serious nature of the charge, if you have been arrested or are under investigation for conveying a criminal threat, then contact an experienced Orange County criminal defense attorney. Call the Law Offices of John D. Rogers today to schedule an appointment.

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