San Bernardino Criminal Threats Defense Attorneys

We defend Californians who have been accused of making a criminal threat in San Bernardino.

Have you been accused of making a criminal threat and putting someone in fear? Even though you may not have meant what you said, this does not get you off the hook. Criminal threats are taken seriously in the state of California, and you can be punished with jail time, informal parole and community service.

What is Considered a Criminal Threat in San Bernardino?

Under California Penal Code 422, a criminal threat (or “terrorist threat”) is when someone threatens to hurt, kill or injure another person or their immediate family members. Criminal threats can also refer to buildings, groups of people or employers that have threats made against them.

In order to be charged with a criminal threat in San Bernardino, the prosecutor must prove the following to be true:

• You threatened to unlawfully kill or unlawfully injure another person
• You made the threat with the intention that the person should take it as a threat, even if you had no intention of carrying it through
• You made the threat verbally, in writing or through another form of electronic communication
• You were clear about carrying out the threat – it was immediate, unconditional and specific
• You caused the other person to be fearful for a moment of time
• The fear that the other person felt was justified

This is a lot for a prosecutor to prove, but it can be done. To protect your future, you need a team of experienced San Bernardino criminal threats defense lawyers on your side. The Law Offices of David S. Chesley have successfully fought many criminal threats cases. Call us for a free consultation. We can help.

Examples of Criminal Threats

Some types of crimes are violent, and you may never imagine yourself doing any of them. However, criminal threats are different. All they take are a few words to be said, and you could potentially be faced with a criminal threat charge. If convicted, you could face time in prison as well as other serious consequences like heavy fines and losing the right to own a firearm.

Let’s look at a few examples of criminal threats and how easily they can unfold.

Imagine that your neighbor plays loud music late at night. You and your family are trying to sleep, so you ask the neighbor to turn it down. The neighbor agrees, but a few nights later, he’s playing the music loudly. Again, you talk to him, but this time he doesn’t stop. He continues to play the music night after night.

You finally get aggravated enough that you leave a note on your neighbor’s door saying that you’re going to kill him if he doesn’t turn his music down. Even though you may not have intended to kill your neighbor, you could still be charged with a criminal threat. You made a direct threat, the threat was clear and you caused the neighbor to feel threatened.

Here are a few more examples of how criminal threats present themselves:

• You threatened to hurt or injure your spouse or your spouse’s relative
• You threatened to burn down your office building after you are fired
• You threatened to kill your coworker because of a work dispute
• You sent threatening letters to a friend or family member
• You sent threatening letters to a church, nonprofit or abortion clinic

What are the Penalties for Being Charged with a Criminal Threat in San Bernardino?

Criminal threats can be charged as a misdemeanor or a felony based on the seriousness of the threat and the damage it caused. The most common penalties for a criminal threat conviction under California’s penal code are:

• Informal probation of up to one year
• Community service
• Physical labor
• Counseling
• Restitution
• Fines of $200-$2,000
• “Stay away” orders
• Up to one year in prison

If you are charged with a felony, the consequences are more serious. You may be fined up to $10,000 and have to spend up to five years in a state prison. A criminal threat can also become a permanent part of your criminal record.

Our Approach to Fighting Criminal Threats Cases

Don’t navigate these murky waters on your own. Being charged with a criminal threat is a big deal, and if you are found guilty, you could be looking at jail time. The Law Offices of David S. Chesley can help. In our experience, many criminal threat accusations have no legitimacy to them and are instead used to make a person look bad.

Our San Bernardino criminal defense attorneys start by meeting with you and getting the facts of the case. Based on this information, we can determine the best defense for your charges and present them in court. Our criminal threats defense lawyers are extremely methodological in our approach. We do our due diligence and ensure that every corner has been fact checked.

Some of the approaches we take are to:

• Challenge the charges
• Conduct extensive investigations
• Interview law enforcement officials
• Locate and interview all witnesses associated with the allegations
• Present applicable evidence against the person making the claims

Legal Defenses for San Bernardino Criminal Threats Cases

There are a number of defenses that we can take based on the details of your case. No matter what defense we choose to pursue, rest assured that our criminal defense lawyers will work tirelessly to build a strong case. Here are some of the defenses we may use:

• Mistaken identity
• Lack of sufficient evidence
• Acting in self-defense
• Joking – no real meaning behind the threat
• Unreasonable fear
• Impeachment of freedom of speech

The Law Offices of David S. Chesley are comfortable working on criminal threats cases. We have dealt with hundreds of these types of cases and know what it takes to get the charges dropped or reduced.

Schedule a Free Consultation with Our San Bernardino Criminal Threats Defense Attorneys

Don’t speak to anyone until you speak to us! We realize that some people in this position feel that because they had no real intent to harm someone, everything will turn out okay. Sadly, this is not the case.

Once criminal threats charges are brought against you, it’s possible that you could be charged with a misdemeanor or felony that changes your life. Don’t let this happen to you. Call the Law Offices of David S. Chesley to schedule your free consultation.