In today’s digital age, the ease of online communication can sometimes lead to impulsive behaviors, such as making threats through social media or other electronic platforms. What many may not realize is that online threats are taken seriously under California law and can lead to criminal charges.

Here at Simmons Wagner, LLP, we want to help you understand the implications of your online actions and how they can lead to significant legal consequences. Contact us at (949) 439-5857 for a free legal consultation.

Understanding Criminal Threats Under California Law

California’s legal system is stringent when it comes to threats of violence, whether they occur in person or online. The state’s Penal Code specifies what constitutes a criminal threat and the criteria needed for prosecution.

What Qualifies as a Criminal Threat?

To be prosecuted for making a criminal threat in California, several elements must be proven beyond a reasonable doubt:

1. Intent: You must have willfully made threats of injury or death towards someone else.
2. Medium of Communication: The threat can be verbal, written, or made through electronic communication—this includes social media platforms like Facebook, Twitter, or even text messages.
3. Seriousness: You intended your statement to be understood as a threat, regardless of whether you had the means or actual intention to carry it out.
4. Clarity: The threat must be clear and unambiguous, leaving no doubt about your intentions.
5. Reasonable Fear: The recipient of the threat must have reasonably feared for their safety or the safety of their immediate family.

These criteria show that not just any offhand comment made online qualifies as a criminal threat. The law specifically targets communications that are serious and place others in fear.

The Impact of Anonymity Online

The perceived anonymity of the internet might encourage some individuals to make statements they would not normally make face-to-face. However, anonymity does not absolve one of responsibility under the law. Online threats are traceable through IP addresses and digital footprints, making it possible for law enforcement to identify the source of threats.

Penalties for Making Criminal Threats

Making criminal threats is considered a “wobbler” offense in California, meaning it can be charged either as a misdemeanor or a felony, based on the severity of the threat and your criminal history.

• Misdemeanor Charges: Can result in up to 364 days in jail and fines up to $1,000.
• Felony Charges: Can lead to up to three years in state prison and fines up to $10,000.

These severe penalties reflect the seriousness with which California treats threats of violence, emphasizing the need for all individuals to communicate responsibly online.

Defending Against Charges of Making Criminal Threats

If you find yourself facing charges for making a criminal threat, there are defenses available. A skilled attorney can argue that:

• The threat was not serious or was taken out of context.
• There was no clear intent to instill fear.
• The statement was ambiguous or vague.
• The alleged victim did not reasonably fear for their safety.

Legal Assistance from Simmons Wagner, LLP

At Simmons Wagner, LLP, we understand the complexities of defending against charges of making criminal threats. Our team is experienced in navigating the nuances of both digital communication and California law. If you’ve been accused of making criminal threats online or face other related charges, don’t hesitate to contact us at (949) 439-5857 for a free consultation. We are here to protect your rights and ensure the best possible outcome for your case.