As a criminal defense lawyer, people ask me all the time--
when I was making a threat against somebody
become a crime?
And the answer is that under Penal Code Section 422, which
defines a crime of criminal threats,
it's a crime when you threatened to kill or injure
somebody or somebody close to them,
when your intention is to put them in fear,
and you actually do put them in, what the law calls,
sustained fear.
So sustained fear means that the person
was in fear not just for a brief moment,
but for some period of time.
Now, examples of this are calling your ex-girlfriend
and threatening to shoot her and her new boyfriend,
or a disgruntled customer who calls a company
and threatens to blow up their building.
If your intention is to put them in fear
and you actually do put them in sustained fear,
you can be charged with criminal threats.
Now, criminal threats is a very serious crime.
It's a wobbler, which means it can be filed
as a misdemeanor or a felony.
As a felony, it can carry up to three years in custody.
But moreover, as a felony, it counts
as a strike under California's Three Strikes law.
So if you're convicted, it's something that could ultimately
contribute towards putting you in prison
for the rest of your life.