The Law Office of Bradley Corbett

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Over 17 years of experience
619-800-4449 760-201-9839

San Diego Criminal Threats Attorney

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Being charged with a criminal threat can be very confusing. This charge encompasses some pretty broad definitions and it is hard to pinpoint an exact way to describe it. The positive side to the vagueness of this charge is that the prosecution has a hard time proving this charge because it is very difficult to define. If you are faced with a criminal threat charge, contact San Diego criminal defense attorney Bradley R. Corbett first — don’t spend one day too many worrying about this charge.

Essentially, a criminal threat charge in the state of California is defined as any verbal or written threat that insinuates harm to another person. This threat must cause a reasonable amount of fear for the safety of the person receiving the threat and must be specific in its intention. There are many ways to defend against such a charge. If you made the threat in a non-specific way or if the person receiving the threat didn’t actually fear for his or her life, you will probably be able to walk away with little or no punishment. Also, if the threat was non-verbal, such as a hand motion, the prosecution has little to work with when building their case.

Facing a criminal threat charge shouldn’t cause you too much stress, especially when you have a skilled legal time like that at the Law Offices of Bradley R. Corbett on your side. Our San Diego criminal threats lawyers can take care of your legal issues, giving you peace of mind in knowing that they will do everything they can to produce a favorable outcome to your case. Call today and set up a time for your free case consultation.

Defending Against Criminal Threats – California Penal Code 422

At the Law Office of Bradley Corbett, we understand that Criminal Threats (PC 422) charges can arise from misunderstandings, heated arguments, or false accusations. This offense is classified as a wobbler, meaning it can be charged as either a misdemeanor or a felony—and in some cases, it could count as a strike under California’s Three Strikes Law. These charges frequently stem from neighbor disputes, road rage incidents, or domestic violence cases. A simple voicemail, text message, or social media post can be misinterpreted as a criminal threat, even when there was no real intent to follow through. With 18 years of experience defending clients in Ramona, Fallbrook, La Mesa, and Pacific Beach, I have successfully fought to get these cases dismissed or reduced. I know how to challenge weak evidence, cross-examine unreliable witnesses, and expose exaggerations to protect your freedom. If you or a loved one is facing Criminal Threats charges in California, do not wait—contact us today for a free consultation.

Understanding California Penal Code 422 – What is a Criminal Threat?

Under PC 422, it is illegal to threaten another person with serious harm or death if the threat is specific, immediate, and causes the victim to feel fear.

Key Elements of a Criminal Threat Charge

To convict someone of Criminal Threats (PC 422), the prosecution must prove:
  1. You willfully threatened to kill or cause great bodily harm to another person.
  2. The threat was specific and unequivocal—meaning it was clear and definite.
  3. The threat was communicated verbally, in writing, or electronically (e.g., text message, voicemail, social media).
  4. The person receiving the threat actually feared for their safety (or the safety of their family).
  5. Their fear was reasonable and sustained (not momentary or irrational).
If any of these elements are missing or weak, the charges cannot stand in court.

Examples of Criminal Threats Cases We Defend:

  • Neighbor Disputes – Heated arguments over property lines, noise complaints, or parking issues can escalate, leading to accusations of threats.
  • Road Rage Incidents – A moment of frustration in traffic can result in alleged threats made out of anger—but that doesn’t mean they were criminal.
  • Domestic Disputes – During a breakup or family argument, words can be misinterpreted, especially when emotions run high.
  • Text Messages & Voicemails – A single message taken out of context can be used as evidence, even if there was no intent to harm.

Penalties for Criminal Threats (PC 422) – Misdemeanor vs. Felony

Since PC 422 is a wobbler offense, it can be charged as either a misdemeanor or a felony, depending on the circumstances.

Misdemeanor Criminal Threats

  • Up to 1 year in county jail.
  • Up to $1,000 fine.
  • Informal probation may be granted.

Felony Criminal Threats

  • Up to 3 years in state prison (or up to 4 years if a firearm was involved).
  • Strike offense under California’s Three Strikes Law.
  • Potential immigration consequences for non-citizens.
If the alleged threat was made against multiple people or was repeated over time, prosecutors may stack charges, increasing potential prison time.

How We Defend Against Criminal Threats Charges

At the Law Office of Bradley Corbett, we aggressively challenge Criminal Threats charges by exposing weak evidence, inconsistencies, and lack of intent.
  1. The Threat Was Not Specific or Immediate

  • A vague statement like “You’ll regret this” does not meet the legal definition of a criminal threat.
  • If the threat was unclear, conditional, or made in a moment of anger, it is not enough for a conviction.
  1. The Alleged Victim Was Not Actually in Fear

  • If the person did not actually feel fear, or their fear was exaggerated, the case falls apart.
  • We gather witness testimony, text messages, or call logs to disprove the alleged victim’s claims.
  1. False Allegations & Misunderstandings

  • Many PC 422 charges arise from false accusations, often in domestic disputes, divorces, or custody battles.
  • We investigate the accuser’s motives and cross-examine their statements to reveal contradictions.
  1. Free Speech & First Amendment Protections

  • Not all offensive statements are criminal threats.
  • If your words were protected speech (such as venting frustration online), we fight to have the charges dismissed.
  1. Lack of Evidence

  • Prosecutors must prove beyond a reasonable doubt that a clear and direct threat was made.
  • If there is no credible evidence (e.g., missing call logs, deleted texts, or unreliable witnesses), we demand a case dismissal.
Bradley R. Corbett_Criminal Defense Attorney_Criminal Threats Attorney

Why Choose the Law Office of Bradley Corbett?

  • 18 years of experience defending PC 422 cases in Ramona, Fallbrook, La Mesa, and Pacific Beach.
  • Aggressive defense strategies to challenge weak evidence and false accusations.
  • Strong relationships with judges and prosecutors, giving us an advantage in negotiations and plea deals.
  • Proven success in reducing charges, securing dismissals, and avoiding jail time.
  • Personalized legal representation—we fight for YOU.

Contact Us Today – Protect Your Freedom

A PC 422 Criminal Threats charge can destroy your reputation, lead to jail time, and even result in a strike on your record. You need a skilled criminal defense attorney who understands how to fight these allegations aggressively. At the Law Office of Bradley Corbett, we have successfully defended countless clients in Ramona, Fallbrook, La Mesa, and Pacific Beach against criminal threats charges. We know how to challenge the prosecution’s case, protect your rights, and get the best possible outcome.

Contact bradley 24/7 nights & weekends

Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

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Email: Bradley@Bradleycorbettlaw.com