What is the test for making a threat under section 422 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Vazquez, E067850 (Cal. App. 2018):

"'To constitute a criminal threat, a communication need not be absolutely unequivocal, unconditional, immediate, and specific. The statute includes the qualifier "so" unequivocal, etc., which establishes that the test is whether, in light of the surrounding circumstances, the communication was sufficiently unequivocal, unconditional, immediate, and specific as to convey to the victim a gravity of purpose and immediate prospect of execution.'" (People v. Hamlin (2009) 170 Cal.App.4th 1412, 1433.) All the surrounding circumstances, and not just the words alone, can establish that a threat was sufficiently unequivocal, unconditional, immediate, and specific. A jury is thus "'free to interpret the words spoken from all of the surrounding circumstances of the

Page 14

case,'" such that even an ambiguous statement can satisfy section 422. (People v. Hamlin, supra, at p. 1433.)

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does section 654 of the California Criminal Code apply to a criminal threat enhancement attached to the criminal threats charge? (California, United States of America)
Does section 190.3 of the California Criminal Code allow the penalty phase jury to consider the "circumstances" of the crime within the meaning of section 190 of the Criminal Code? (California, United States of America)
Does section 667.6 of the California Criminal Code (c) of Section 654 of the Criminal Code apply to a burglary conviction? (California, United States of America)
Does section 654 of the California Criminal Code prohibit punishment for both making a criminal threat and an attempted extortion? (California, United States of America)
What is the test for making a criminal threat under section 422 of the California Criminal Code? (California, United States of America)
How has section 654 of the California Criminal Code been interpreted in the context of Section 654(1) of the Criminal Code? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.