California, United States of America
The following excerpt is from People v. Reed, B283544 (Cal. App. 2019):
Reed challenges one element of the crime of criminal threats; specifically, that Juan was in sustained fear for his or his immediate family's safety. (See People v. Toledo (2001) 26 Cal.4th 221, 227-228 [describing the five elements of criminal threats]; 422, subd. (a).) To show that Juan did not experience sustained fear, Reed relies on: (1) Juan's initial report to the police that Reed was yelling and trying to pick a fight; (2) Juan's voice on the recorded call sounded calm and the dispatcher understood him to be reporting a disturbance, not a life-ending threat; (3) Juan waited for at least 10 minutes for police to arrive
Page 9
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.