Contact Us for a Consultation (559) 266-5555

PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family | Fresno Criminal Defense Attorney

PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family

is a serious offense in the state of California for which a prison sentence could occur as punishment for the violation of this section.  If you have been charged with PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family you may want to consult with an attorney as to the best course of action to move forward with an effective defense strategy, understand your rights, and make an informed decision.

PC 76 Threatening Life of or Serious Bodily Harm to Public Official, Staff, or Member of Immediate Family

(a) Every person who knowingly and willing threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk,  exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff, immediate family, or immediate family of the staff of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge or Deputy Commissioner of the Board of Prison Terms, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any mans, is guilty of a public offense, punishable as follows:

(1) Upon a first conviction, the offense is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in county jail not exceeding one year, or by both that fine and imprisonment.

(2) If the person has been convicted previously of violating this section, the previous conviction shall be charged in the accusatory pleading and if the previous conviction is found to be true by the jury upon a jury trial, or by the court upon a court trial, or is admitted by the defendant, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

(b) Any law enforcement agency that has knowledge of a violation of this section involving a consultation officer of the state, a violation of this section involving a constitutional officer of the state, a Member of legislature, or a member of the judiciary shall immediately report that information to the Department of the California Highway Patrol.

(c) For purposes of this section, the following definitions shall apply:

(1) Apparent ability to carry out that threat, includes the ability to fulfill the threat some future date when the person making the threat is an incarcerated prisoner with a stated release date.

(2) Serious bodily harm, includes serious physical injury or serious traumatic condition.

(3) Immediate family, means a spouse, parent, or child, or anyone who has regularly resided in the household for the past six months.

(4) "Staff of a judge" means court officers and employees, including commissioners, referees, and retired judges sitting on assignment.

(5) "Threat" means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written  statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.

(d) As for threats against staff or immediate family of staff, the threat must relate directly to the official duties of the staff of the elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section.

(e) A threat must relate to the official duties of a Deputy Commissioner of the Board of Prions Terms in order to constitute a public offense under this section.

Can I go to Prison for a violation of PC 76?

Yes.  The standard guidelines for a Felony Violation of this section is as follows:

Every person who violates this section is guilty of a public offense. Upon a first conviction, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year.  A Felony Conviction of is punishable pursuant to this subdivision where the term is not specified in the underlying offense  shall be punishable by a term of imprisonment of 16, 24, or 36 months.

Remember that enhancements and priors may add to this sentence.  Issues such as prison prior, violent or serious felony's, strikes priors all are taken into account.

What are the elements of PC 76?

1. Defendant knowingly and willingly threatened the life of, or threatened serious bodily harm to any elected public or state official or a member of the immediate family or staff.

2. Defendant did so with the specified intent that the statement be taken as a threat.

3.  Defendant had the ability  to carry out the threat by any means.

Can PC 76 be a Felony?

Yes, PC 76 is what is referred to as a "wobbler" which means it could be charged, convicted, and/or sentenced as a felony or misdemeanor.

Home Page

Get the Help You Need

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.

Schedule Today

191 West Shaw
#209

Fresno, CA 93704
(559) 266-5555
(559) 412-2082 (fax)
Mon, Tue, Wed, Thu, Fri: 07:30am - 07:30pm
Sat, Sun: 09:00am - 01:00pm

Menu