Legal Question in Criminal Law in California

Arrest Charges PC422

My father was arrested under the charge # 422 his sister is the one who pressed charges against him when he left her a voicemail saying he was going to beat her up after she left my mom emails harassing her at work.....the DA is saying he can do 6-8 . Exaclty what does the charge #422 entale and could he do the 6-8 even if his sister calls off the charges. PLEASE HELP


Asked on 2/16/08, 1:33 am

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Arrest Charges PC422

PC 422 makes it a crime to threaten to harm another person. The sentence for the commission of this crime is imprisonment in county jail for 1 year or state prison. In cases where the prison sentence is not state the sentence range is 16 months, 2 years or three years.

His sister has no control over whether or not the case is prosecuted. That is strictly up to the district attorney.

On a first offense, especially if the sister does not want him prosecuted, county jail and probation is the most probable sentence. He needs to be represented by an attorney.

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Answered on 2/22/08, 8:59 pm


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