In what circumstances will a defendant be found guilty of making a criminal threat?

California, United States of America


The following excerpt is from People v. David, F064298 (Cal. App. 2013):

Notwithstanding their very different factual circumstances, the common thread in these cases is that in evaluating the evidence supporting a charge of making a criminal threat, "all of the surrounding circumstances should be taken into account to determine if a threat falls within the proscription of section 422." (People v. Solis, supra, 90 Cal.App.4th at p. 1013.) Thus, the jury can properly consider a later action taken by a defendant, as well as the victim's conduct after the incident, in evaluating whether the crime of making a criminal threat has been committed. (See id. at pp. 1014-1016.)

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