Orange County Domestic Violence: Criminal Threats

Law Offices of EJ Stopyro

Orange County Domestic Violence Lawyer
Criminal Defense Attorney in Orange County

Although a typical domestic violence case involves an allegation of domestic battery or some kind of physical infliction of injury, it is not unusual for a complaint filed in court in an Orange County domestic violence case to also include a charge of making a criminal threat (also known as a “terrorist threat”). Not every threat can be prosecuted as a crime under the criminal threats statute. Penal Code Section 422 states:

“Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear of his or her own safety or for his or her immediate family’s safety, shall be punished by imprisonment in the county jail not to exceed one year or by imprisonment in the state prison.”

So, only threats of “death or great bodily injury” are criminalized by this law and will be prosecuted by the Orange County District Attorney in domestic violence court. Threats to divorce or to obtain full custody of children do not qualify as criminal threats. Moreover, the person making the threat must INTEND it to be a threat. Domestic violence lawyers know that under California law, angry utterances or “ranting soliloquies, however violent or angry, are not criminal threats. People v. Teal (1998) 61 Cal.App.4^th 277, 281) Also, a criminal threat must have indications of seriousness and deliberate statements of purpose. In In Re Ricky T. (2001) 87 Cal.App.4^th1132, a teacher opened a door and accidently hit a student with the door. The student said “I’m going to get you”. The Court of Appeal held that the statement lacked deliberate statements of purpose. The court also found that the remark was ambiguous and was no more than a vague threat of retaliation.

Domestic violence attorneys also know that a threat need not convey a precise time or manner of execution in order to be prosecuted. In People v. Franz (2001) 88 Cal.App.4^th 1426, the defendant put his finger to his lips and made a “Shushing” noise while sliding his fingers across his throat. This was held to be an unequivocal statement of purpose and conveyed sufficient gravity of purpose and immediate prospect of executing the threat.

If you are facing charges for domestic violence, including criminal threats, call the Law Offices of EJ Stopyro today at (949) 559-5500. You can speak directly with an experienced Orange County criminal defense lawyer with outstanding credentials and case results. The consultation is free and confidential. Or visit our website at

Law Offices of EJ Stopyro

Criminal Defense Lawyer in Orange County
Domestic Violence Attorneys in Orange County