The elements the prosecution has to prove
- A willful threat to commit a crime resulting in death or great bodily injury.
- Intent that the statement be taken as a threat, whether or not the speaker intended to carry it out.
- A threat so unequivocal, unconditional, immediate, and specific that it conveys a gravity of purpose and an immediate prospect of execution.
- The person threatened was actually placed in sustained fear.
- That fear was reasonable under the circumstances.
Each element is a defense opening. Vague statements, conditional threats, angry venting to a third party, and fear that was fleeting rather than sustained are all litigated in these cases.
Why the wobbler status matters so much
- Filed as a misdemeanor: county jail exposure, no strike.
- Filed as a felony: state prison exposure and a serious felony conviction, which counts as a strike.
- A strike doubles the sentence on any future felony and, on a third strike, triggers a much longer term.
- Under PC 17(b) a felony wobbler can later be reduced to a misdemeanor in defined circumstances.
Bail on a 422 case
Scheduled amounts for felony criminal threats are meaningfully higher than for most misdemeanors, and the case frequently arrives alongside a domestic violence count and an emergency protective order. If an EPO is in place, the release conditions matter as much as the bond — see what happens if you violate an EPO while out on bail.