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Threats to Commit Crime Resulting in Death or Great Bodily Injury

PC 422: Threats to Commit Crime Resulting in Death or Great Bodily Injury

Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communications device, is to be taken as a threat, even if there is no intent to actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravely of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in a sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.

For purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

"Electronic Communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers.  "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

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Things to remember for people who are arrested, charged, or prosecuted for a violation of criminal threats.  

Arguments can become criminal charges when people get carried away.  Saying the wrong thing or the recipient taking the words too literally can lead to a criminal accusation. Often people say things that they do not mean, that they do not expect the recipient to think they mean, but the recipient becomes frightened, or out of anger reports the person and claims they believe to be true, causing them to be afraid for their lives or great bodily injury.  

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Jonathan Rooker can help you, when you need it most. The road to justice may sometimes be a long road, but it is a worth fighting for. Don't try to handle a criminal allegation without first consulting and educated experienced attorney to see if they can help and/or advise you on the best defense.

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"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.

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