Legal Question in Criminal Law in California

can a threat on a voice message be a threat and if so why?

Asked on 9/26/09, 12:25 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

A threat is a threat, whether is is made on a voice message, in person, in writing, by text message, relayed by a third party, or sent by carrier pigeon.

Leaving a voice message just makes it easier for the prosecution to prove its case because they can play the recording to the jury; in most cases, the only evidence is the testimony of the person who claims to have been threatened.

Penal Code 422 makes it a crime to threaten to kill or seriously injure another person or a member of their immediate family. It is a wobbler, which means it can be charged as a felony or a misdemeanor. A felony conviction of Penal Code 422 is a strike under the Three Strikes law and can greatly increase the punishment for any future felony conviction.

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Answered on 9/26/09, 3:57 am

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