California, United States of America
The following excerpt is from In re Mills, C066648, Super. Ct. No. WHC973 (Cal. App. 2011):
To prove a section 422 violation, "the prosecution must establish (1) that the defendant had the specific intent that his statement would be taken as a threat (whether or not he actually intended to carry the threat out), and (2) that the victim was in a state of sustained fear.' The prosecution must additionally show that the nature of the threat, both on 'its face and under the circumstances in which it is made,' was such as to convey to the victim an immediate prospect of execution of the threat and to render the victim's fear reasonable." (People v. Garrett (1994) 30 Cal.App.4th 962, 966-967.) To prove brandishing, the People must show that the defendant "draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner" other than for self-defense. ( 417, subd. (a)(1).)
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.