Criminal threats allegations are serious—often stemming from an angry moment, heated argument, or misunderstood message. But under California law, even a verbal threat can lead to a felony charge with prison time, especially if it’s seen as credible and causes someone to fear for their safety.
If you’ve been arrested or charged, working with an experienced criminal threats lawyer in Fullerton is essential. At Not Guilty Law, we defend clients against charges that threaten their future, their family life, and their freedom. With decades of experience and a sharp trial strategy, Jeffrey Kent is ready to fight for your side of the story.
What Are Criminal Threats Under California Law?
Under California Penal Code § 422, a person commits the crime of criminal threats if they:
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Willfully threaten to kill or seriously injure someone,
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Do so verbally, in writing, or electronically (text, email, social media, etc.),
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Make the threat in a way that is unequivocal and specific,
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The person receiving the threat reasonably fears for their safety or their family’s safety,
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And that fear is sustained, not fleeting.
Importantly, you don’t have to act on the threat for it to be considered criminal. The threat alone—if it causes real fear—is enough.
Is Criminal Threat a Felony or Misdemeanor?
Criminal threats are considered a “wobbler” offense in California, meaning they can be charged as either a misdemeanor or felony, depending on:
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The nature of the threat
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Whether a weapon was involved
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Your prior criminal history
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The impact on the alleged victim
Misdemeanor Penalties:
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Up to 1 year in county jail
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Fines up to $1,000
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Probation and possible protective orders
Felony Penalties:
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Up to 3 years in state prison
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Strike offense under California’s Three Strikes Law
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Additional time if a deadly weapon was used
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Loss of firearm rights
Facing a strike offense means future convictions could result in harsher sentences—even for minor crimes. That’s why it’s crucial to work with a skilled Fullerton criminal threats defense attorney immediately.
Common Situations That Lead to Criminal Threat Charges
We frequently see clients charged with making criminal threats after:
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A domestic dispute or breakup
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Arguments with neighbors or coworkers
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Social media posts interpreted as menacing or threatening
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Text messages sent in anger
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Misunderstood jokes or sarcasm
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Self-defense situations where someone else calls the police first
One moment of anger can be twisted into a charge that follows you for years. Our legal team carefully examines the intent, context, and reaction to build a strong defense. See real stories and outcomes on our Notable Cases page.
Defending Against Criminal Threats Charges
Just because you’ve been accused doesn’t mean you’ll be convicted. At Not Guilty Law, we use a range of legal strategies tailored to your case:
1. No Intent to Threaten
You were blowing off steam or venting—not actually threatening harm. The law requires a willful and specific intent.
2. Vague or Ambiguous Statement
The threat must be clear and specific. Statements like “You’ll regret this” may be emotionally charged but not criminal.
3. No Reasonable Fear
If the alleged victim didn’t take the threat seriously—or only claimed fear later—your attorney can challenge the prosecution’s narrative.
4. Lack of Evidence
Text messages, voicemails, or witness testimony can be unreliable. We analyze how the evidence was obtained and whether it’s enough for conviction.
5. False Accusations
People sometimes exaggerate or fabricate claims during custody battles, divorces, or personal disputes. We dig into motives and inconsistencies.
Explore more legal defenses we offer on our Practice Area page.
Criminal Threats and Restraining Orders
In many cases, criminal threats charges come with restraining orders, also called criminal protective orders. These can prohibit you from:
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Returning home (if the protected person lives there)
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Contacting the alleged victim—even through a third party
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Possessing firearms
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Being near your children, school, or workplace
Violating a restraining order—even unintentionally—can result in separate misdemeanor or felony charges.
Our team can help you challenge, modify, or fight restraining orders during or after your criminal case. Get started by scheduling a confidential consultation through our Contact page.
Real Client Success Stories
Jeffrey Kent has successfully defended clients in Fullerton and throughout Orange County for more than 30 years. Many of our clients came to us in fear—facing jail time, loss of child custody, or a ruined future. With careful preparation and powerful advocacy, we’ve helped them get:
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Charges reduced or dismissed
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No jail time through alternative sentencing
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Cases dropped after exposing false allegations
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Records sealed or expunged for long-term protection
Read how we’ve helped real clients like you on our Client Reviews page.
FAQs About Criminal Threats Charges
What if I never meant to hurt the person?
Intent matters. You can’t be convicted if you didn’t actually mean to threaten. Many threats made in anger or under stress don’t meet the legal threshold.
What if the person says they were scared but didn’t act like it?
The law requires that fear be reasonable and sustained. If there’s no evidence the person was genuinely afraid, we’ll challenge their claim.
Will I go to jail?
Not necessarily. With experienced legal defense, many first-time offenders avoid jail altogether through plea deals, diversion, or dismissal.
Can this affect my immigration status?
Yes. Criminal threats, especially as felonies, can be considered crimes of moral turpitude and lead to deportation. Don’t risk it—speak with a qualified attorney immediately.
Why Choose Not Guilty Law?
When your freedom and reputation are on the line, experience makes the difference. At Not Guilty Law, you’ll get:
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Decades of Fullerton courtroom experience
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Direct, personal communication with Jeffrey Kent
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Aggressive negotiation and trial defense
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Proven track record with serious felony cases
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Honest answers and clear strategies
We know how to navigate complex criminal charges and protect your future at every step.
Speak with a Criminal Threats Lawyer in Fullerton Today
Don’t wait. If you’ve been accused of making criminal threats, the prosecution is already building their case. Let us build yours. At Not Guilty Law, we’ll listen to your side, explain your rights, and fight to keep your record clean.
Book your free consultation today through our Contact page or call us directly. Time is critical—start your defense now.
Charged with making criminal threats in Fullerton?
Turn to an attorney who knows how to win. Let’s protect your reputation, your freedom, and your future.