Los Angeles Federal Crime Lawyer

Terrorist threats or making a joke?

If you or someone you know is accused of, being investigated for, or charged with making a terrorist threat in Los Angeles, you should take the matter seriously. The consequences for a conviction can be far-reaching and permanent. In addition to potential imprisonment and fines, a conviction can result in deportation, ineligibility for certain jobs and losing the right to own a gun. If charged as a felony, it counts as a "Strike" under the California Three Strikes Law.

In a terrorist threats case, there can be a very fine line between an off-hand remark made in anger or in jest and an actual threat. The California Law is not straightforward and is often applied too broadly by law enforcement. Even if you were only joking when you made the threat, you can still be prosecuted. Take these charges seriously and hire an experienced Los Angeles criminal defense attorney at Stephen G. Rodriguez and Associates to assist you with this matter. We have over 70 years of combined experience and are eager to speak with you during your free consultation.

Federal Crime Attorney in Los Angeles Area

A terrorist threat is an indication of impending harm (threat) of violence, threat to hurt, injure or kill others with the intent of intimidating or frightening them. In California, terrorist threat offenses are often associated with domestic violence, gang and battery cases. In many juvenile cases, the threats are made through social media sites like MySpace and Facebook, text messaging and other types of electronic communications. Terrorist threats can also be made in writing, by phone or in person. In any case, the jury will weigh the evidence of the threat against the defendant's First Amendment right to freedom of speech.

Threats can be made against an individual, a group of individuals, a building or work place. Examples of threats include:

Threatening to bomb the courthouse
Sending an email to an abortion clinic threatening to shoot the doctor
Spray painting "Death to Muslims" on a Muslim family's garage
Threatening to shoot an ex-wife's new boyfriend

Under California Penal Code Section 422, in order to be convicted of terrorist threats, the prosecutor must prove the following six elements:

The defendant threatened to kill or inflict great bodily injury on the victim(s)
The defendant made the threat verbally, in writing or by electronic device
The defendant specifically intended for the statement/action to be taken as a threat
The threat was so unequivocal, unconditional, immediate and specific that it made the victim believe that it was an immediate possibility
The threat caused sustained fear in the victim or immediate family
It was reasonable for the victim to be in fear

Great bodily injury means significant or substantial physical injury. It is not minor or moderate harm. Sustained fear is defined in the law as fear for a period of time that is more than momentary, fleeting or transitory. Under the law, terrorist threats can be charged even if there is no ability or actual intent to carry out the threat. In Los Angeles, terrorist threats are broadly interpreted by law enforcement and are commonly charged, regardless of whether the circumstances warrant the charge.

Terrorist threats, depending on their seriousness, their consequences and the defendant's criminal record, can be charged as either misdemeanors or felonies. Misdemeanor penalties include up to a year in the county jail, a $1,000 fine, a "stay-away" and three years of informal probation. Felony offenses are punishable by up to three years in state prison, a $10,000 fine, a "stay-away" order and three years of formal probation or parole. A felony conviction is a "Strike" under California's Three Strikes Law, with the requirement that the defendant serve at least 85% of the sentence before release from jail or prison.

In order to prove someone guilty of making terrorist threats, the prosecutor must prove all six elements of conviction in the California Penal Code. If a defense attorney can demonstrate that any of the six elements are not present, then the prosecutor's case starts to fall apart and the charge will likely be dismissed. The following examples show how the prosecution many be unable to obtain a conviction:

The threat did not involve death or great bodily injury, e.g., the defendant threatened to steal the victim's car
The threat did not cause sustained fear in the victim, e.g., in a moment of anger, the defendant threatened to pull all of the hair out of the victim, but the victim quickly realized that there was no way the defendant would ever do such a thing
Any reasonable person would not have believed that the threat would result in serious injury, e.g., the defendant threatens to cause lightning to strike the victim or the defendant threatens to push an accomplished swimmer off the end of a dock
The threat was not immediate, e.g., the defendant threatened to kill the victim at the end of the month unless a debt was paid
The threat was made with a threatening gesture, as in pointing a hand at the victim mimicking a handgun and not in writing, electronically or verbally

A lack of witnesses or proof of the threat can make it additionally difficult to prove a threat. It is the defendant's word against the victim's word and with only this evidence, it is tough for the prosecutor to prove a defendant's guilt beyond a reasonable doubt. The key to successfully defending a terrorist threats charge is being able to understand the accuser's motives (can be jealousy or revenge), assessing the victim's credibility and finding the holes in the prosecution's case.

If you have been charged with terrorist threats in California, you need a criminal defense attorney who has considerable experience defending against this type of charge. With over 70 years of combined legal experience, we can defend you in various ways. We welcome your consultation with us so that we can discuss your legal situation and the possible defenses for your case and prepare for you a solid defense.

For an aggressive defense from a firm that is not afraid to go after a "Not Guilty" verdict at trial, contact a Los Angeles federal crime lawyer without delay.