A "terrorist threat" charge in Vista Courts and throughout California, is an unequivocal immediate threat to kill someone or do great bodly injury to them made verbally, in writing or by elecronic communication which was intended to be a threat and is taken seriously as a threat. It does not matter that there was no intent to carry out the threat. It is defined legally in California Penal code 422. It is a serious felony and a strike under the three strikes law. The maximum penalty is up to 3 years state prison and $10,000 fine.
A terrorist threat charge is very serious for a number of reasons, especially because it is a strike and will mandate a state prison commit for twice the term on any future felony and future felonies will have reduced custody credits. Many people get angry and say things like "I am going to kill you", it is the circumstances and the context of the statement which determine whether it is really a terrorist threat. This can be sufficient to result in being charged and maybe even convicted if all the other requirements are present. It was intended as a threat, it was taken as a threat, it was unconditional and unequivocal, and showed an immediacy of execution thereby causing someone to reasonably have sustained fear.
These kind of charges occurr in many different settings, from domestic violence, to angry consumers, to any situation where anger or revenge can rear its head. Sometimes a psychological evaluation may help in negotiating these cases to show that someone charged is not really a dangerous or violent person. If the charge is reduced to a misdemeanor, then it is not a strike. There are many aspects of these cases which need to be reviewed in providing the best defdense and achieving the best resolution. Contact Christoph Law Offices at 760-941-5720 for a free consultation. They have been located across from Vista Courts for over 32 years and practice only criminal defense.