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Hello Jacustomer,Criminal Threat in California comes under 422 PC. I'm linking you to the statute here. Unfortunately, your son does not have to be in a position to act on the threat in order to be charged with or even possibly convicted of this crime. It is enough that he made a specific unequivocal threat to kill or harm with the intent to cause fear in the person for whom the threat was intended, and that it did cause that fear. The fact that he did not realize that what he said was a crime is, unfortunately, not a defense to the charge.The statute is what California calls a "wobbler." Depending upon the facts and circumstances of the case, the DA can prosecute this matter as a misdemeanor or a felony. A felony conviction on this charge, even for a juvenile, would count as a strike for purposes of California's three strike rule.All of this said, it is not possible for me to be able to tell precisely how his matter is going to be addressed. These crimes, particularly in the wake of the most recent school shootings, are taken seriously, but that does not mean that his particular offense warrants a felony. If his threat was on the vague side, if it was unreasonable for any person to be in fear having heard it, if it arguably wasn't a real threat at all, if there was only a gesture and the threat all in the mind of the beholder, any of these would all be potential defenses and make the case more likely to be prosecuted as a misdemeanor.If this matter has just happened, the case is nowhere near ready for trial and depending upon the facts there could even be a favorable disposition.
We are going to trial on Wednesday next week, can you give me advice or tell me how I should proceed with this. I don't want him to have a felony on his record at such a young age although he needs to be disciplined for his actions. He has been in Juvy since the incident 12-13-12.
Yes to all question, last week the DA's boss was not there so the plea for a reduction to a misdemeanor w/ 6 month probation was denied TRIAL IS SET FOR WEDNESDAY. Compton courts do things rapidly. This is the 4th appearance.
Is there anything that I can do meaning can I speak to the judge or the DA's boss before Wednesday? What rights do I have and my son, mind you I'm not trying to excuse his behavior I just want to make sure he doesn't get railroaded.
Yes he has a PD she has been unreachable, I only get a chance to see her and talk with her on court days. She has been unsure as to what is going to happen, this is his first offense but d/t the school incidences and all I feel the judge is going to use him as an example, I just want to make sure that isn't going to happen. I have been seeing my son on his visiting days. I just don't know what to do????
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