Terrorist Threats in California

What It Takes to Be Charged With a Terrorist Threat in Sacramento

California prosecutors charge people under Penal Code 422 when a threat causes someone to fear for their safety or their family’s. These charges don’t require violence, weapons, or physical contact. A single statement—spoken, texted, or posted online—can trigger a criminal case. Many situations start with a heated argument, a rash message, or an emotional outburst. Once the state files charges, you face serious consequences like jail, fines, and a permanent record.

We defend people in Sacramento who face criminal threat accusations after tense or emotional moments. Our team acts fast to protect your rights, push back against weak claims, and fight for dismissals or charge reductions. If you don’t understand how a conversation turned into a criminal case, we’ll help you take back control and protect your future.

Call a Sacramento criminal defense lawyer at (916) 441-4888 for a free consultation today.

Defining Criminal and Terrorist Threats

California law classifies a so-called “terrorist threat” as a criminal threat. Although the term sounds severe, prosecutors often apply it to everyday situations—heated arguments, emotional texts, or impulsive posts. You don’t need to plan or commit violence. Instead, the law focuses on how your words affect someone else.

Under Penal Code 422, the prosecution must prove that you made a specific threat involving death or serious injury. They also must show that you intended the other person to take it seriously and that the threat caused lasting fear. Because of this, the law punishes the impact of your words—not just your actions.

People make criminal threats in many forms. You might say something threatening in person, during a phone call, or through text or social media. You don’t need to mention a weapon or give a specific time or place. For example, shouting “I’ll kill you” during an argument could trigger charges if the other person believed the threat and felt real fear.

We handle many cases where someone misunderstood an angry message or overreacted to an argument. Prosecutors often move fast, especially in cases involving coworkers, schools, or former partners. Because of this, many people find themselves charged with a serious crime based on one emotional moment.

If you’re also facing related issues like a domestic violence accusation or a prior felony conviction, the consequences get worse. Multiple charges can increase the risk of jail time and limit your legal options.

California Penal Code 422 Explained

California Penal Code 422 defines what prosecutors must prove in a criminal threat case. The statute focuses on intent, clarity, and the emotional effect on the alleged victim. You don’t need to carry out the threat or even have the means to do so. The law cares about whether your words caused a real and lasting sense of fear.

To convict someone under Penal Code 422, the prosecution must prove several elements beyond a reasonable doubt:

• You willfully threatened to commit a crime that would result in death or great bodily injury.
• You made the threat with the specific intent that it be taken seriously.
• The threat was so clear, immediate, and specific that it conveyed a real possibility of being carried out.
• The threat caused the alleged victim to experience sustained fear.
• The fear was reasonable under the circumstances.

This law applies to statements made in person, over the phone, through text messages, emails, or even social media posts. It also covers threats delivered through third parties or anonymous sources—if the content and context meet the legal standard.

For example, saying “I’m going to shoot you” during an argument may qualify as a criminal threat if the other person felt genuinely afraid and believed the danger was real. Even if you didn’t mean it, the words alone could meet the threshold if prosecutors believe the victim’s fear was reasonable and sustained.

Because the law emphasizes the perceived impact rather than actual harm, many people end up charged based on one conversation, message, or impulsive comment. That’s why it’s critical to have a Sacramento criminal defense attorney who knows how to challenge intent, context, and credibility from the start.

Misdemeanor vs Felony Charges Under Penal Code 422

California Penal Code 422 is a “wobbler,” which means prosecutors can charge it as either a misdemeanor or a felony. Their decision depends on the threat’s content, your criminal history, and any surrounding factors. Because that choice directly affects sentencing, it’s critical to know what you’re up against.

A misdemeanor conviction can lead to one year in county jail, a $1,000 fine, and informal probation. A felony, however, carries up to three years in state prison, formal probation, and steeper penalties. It also adds a strike to your record under California’s Three Strikes Law. If a weapon played a role, the court may impose an even longer sentence.

Prosecutors often pursue felony charges when the threat involves a weapon, targets multiple people, or comes from someone with a prior record. They also escalate charges for threats against schools, public officials, or protected groups. Even one past misdemeanor can give the DA reason to file more serious charges.

We intervene early in many cases. When we act quickly, we can present key context and evidence that persuades prosecutors to reduce the charge—or avoid filing it at all. The sooner you contact us, the more options you have to protect your future.

If you’re already facing felony charges, now is the time to act. Learn how we defend against felony threats and federal-level accusations with serious long-term risks.

Real-Life Examples We See in Sacramento Courts

Terrorist threat charges often come from ordinary situations. Many people facing these allegations didn’t plan to scare anyone or cause harm. Instead, a moment of anger, frustration, or poor judgment sparked a legal case. We regularly defend clients who are shocked that their words led to criminal charges. Here in Sacramento, we’ve seen a wide range of scenarios that result in Penal Code 422 accusations.

Common Situations That Lead to Criminal Threat Charges

One common example involves a heated text message during a breakup or domestic dispute. The message may include threats like “You’ll regret this” or “I’ll come for you,” which the recipient takes seriously. Even if the person never intended to follow through, prosecutors may still file charges based on the impact of those words.

We also see cases involving school or workplace arguments. For instance, a student might make a sarcastic or impulsive comment about violence, and school staff may interpret it as a real threat. Similarly, employees who vent in frustration—whether in person or online—can end up facing criminal accusations when a coworker or supervisor reports them.

Social media threats make up another large category. Posts shared during online arguments or under fake profiles can be traced back and used as evidence. People often forget that screenshots, messages, or voice recordings may surface later and become part of a criminal investigation.

If law enforcement views the statement as credible and the alleged victim claims lasting fear, the case can move quickly. That’s why you need to act fast. These charges don’t require a weapon or physical contact—just words that prosecutors believe crossed a legal line.

When we review a case, we look beyond the message itself. We examine the relationship between the parties, the history of communication, and whether the threat was actually understood in context. In many situations, the evidence doesn’t meet the standard for a criminal threat under California law.

How to Fight a Terrorist Threat Charge in California

If you’ve been charged with making a terrorist threat, you still have options. These cases rely heavily on interpretation—of your words, tone, and context. That gives your defense team room to challenge what really happened and what the alleged victim claims to have felt. Prosecutors must prove not just that you said something threatening, but that you meant it as a threat and that it caused real, lasting fear. We focus on breaking those elements down, one by one.

Possible Legal Defenses to Penal Code 422 Charges

Several strategies may apply depending on the facts of your case. One common defense is that you never intended to threaten anyone. If the statement was vague, sarcastic, or taken out of context, it may not meet the legal definition of a threat. Another approach is to show that the person who heard the statement did not experience sustained fear—or that their reaction was unreasonable given the circumstances.

We may also argue that the threat was not specific or immediate. Penal Code 422 requires that a threat be clear and actionable, not just an emotional outburst or a vague comment. If the prosecution can’t show that your words created a real risk of harm, the charge may not hold up in court.

In some cases, we uncover evidence that contradicts the alleged victim’s version of events. Text messages, call logs, or witness statements can often tell a very different story. We also look closely at how law enforcement gathered evidence, and whether your rights were violated during the investigation or arrest.

Every case is different, and the right defense depends on the details. That’s why we start with a full case review and build a strategy that fits your situation—not a cookie-cutter approach. Our goal is always to reduce the charge, push for a dismissal, or win at trial when necessary.

Learn more about our approach to felony defense and how we challenge overcharged or exaggerated accusations in Sacramento courts.

Why Early Legal Representation Makes a Difference

When it comes to criminal threat charges, timing matters. The sooner you contact a defense attorney, the more control you have over the outcome. In many cases, we step in early—before the district attorney files charges—and stop the case from escalating. A fast legal response gives us the chance to explain context, clarify intent, and prevent prosecutors from misreading your words as a felony offense.

Once prosecutors file formal charges, they rarely reverse course without a strong challenge. That’s why we act quickly to secure evidence, talk to witnesses, and preserve texts, emails, or social media posts. These details often reveal a more complete story than what appears in a police report. If you delay, critical information can disappear—and your legal options may narrow.

What to Do If You’re Accused of Making a Threat

If police arrest you or start asking questions, don’t try to explain your side. Anything you say may later appear in the prosecutor’s case. Officers often twist well-meaning statements or take them out of context. Instead, stay calm, ask for a lawyer, and say nothing more.

You should also avoid contacting the alleged victim or posting about the situation online. Even a short message or apology can work against you in court. Let us handle all communication and protect your rights from the start.

We take immediate action the moment you reach out. From reviewing the case to fighting charges in court, we handle every step with strategy and urgency. Whether you’re dealing with a misunderstanding, a regrettable message, or a high-stakes accusation, we’ll build a defense that protects your record and future.

Visit our About Us page to learn how our experience, team structure, and results-driven approach help people across Sacramento fight criminal accusations and move forward.

Speak with a Sacramento Criminal Defense Lawyer Today

If you’re facing charges for making a terrorist threat, don’t wait to get legal help. What you do now can shape how your case unfolds and what options stay on the table. These charges often start from one moment—a message, an argument, or a statement taken the wrong way. But they can lead to jail time, a felony record, and long-term damage to your reputation and future. You don’t have to face this alone.

At the Law Office of Wing & Parisi, we bring decades of criminal defense experience to every case. We know how Sacramento prosecutors approach these charges, and we use that insight to challenge weak evidence, push for dismissals, and negotiate from a position of strength. Whether your case involves a heated argument, a social media post, or an out-of-context message, we’ll fight for the best possible outcome.

You deserve answers, options, and a team that takes your case seriously. We’ll walk you through the charges, explain your rights, and start building your defense immediately. Your future matters—and we’re ready to protect it.

Contact a Sacramento criminal defense attorney today for a free consultation or call us at (916) 441-4888 to speak directly with our team.