Can You Go to Jail for Threatening Someone? ‘Criminal Threats’ Laws in California

Yes, threatening someone can lead to jail or prison in California. Penal Code 422 requires a willful threat of death or great bodily injury, intent that the statement be understood as a threat, a sufficiently clear and immediate prospect of execution, and actual reasonable sustained fear. An insult or angry statement does not automatically satisfy those elements.

But what happens if you say you’re going to kill or hurt someone else? In California, that could fall under the state’s Criminal Threats statute (422 PC). This is also sometimes referred to as “terroristic threats.”

What’s a criminal threat? A criminal threat is when someone:

1. Threatens to kill or seriously injure someone else, and
2. The threat is verbal, in writing or sent via an electronic medium, and
3. The recipient is placed in a state of reasonably sustained fear for their safety, and
4. The threat is “unequivocal, unconditional, immediate and specific.”

The prosecution must prove intent that the statement be taken as a threat. It need not prove intent to carry out the threatened act or immediate ability to do so. The listed elements must all be established beyond a reasonable doubt.

A misdemeanor PC 422 conviction carries up to one year in county jail; a felony has a base term of 16 months, two years or three years in state prison. A separately proved weapon enhancement or other allegation may increase exposure.

Let’s take a closer look at the elements of the crime to understand the details better.

1. Threatening to kill or seriously injure someone else

You cannot threaten to kill or inflict “great bodily harm” on someone else.

What exactly is “great bodily harm?” That varies by the case. Generally speaking, however, it’s an injury suffered by someone that a regular person wouldn’t consider to be minor or moderate. This could be anything from a serious dog bite to a broken bone, gunshot wound or severe laceration, or severe bruising.

Example: Tom and Rick get into a verbal altercation at a bar, and Tom tells Rick, “You’re about to get punched.” Simply threatening to punch Rick likely isn’t an instance of threatening “great bodily harm.” 

However, if Tom had said, “I’m going to beat you within an inch of your life,” that statement could be construed as more threatening.

2. The threat is verbal, in writing or sent via an electronic medium

PC 422 requires a threat made verbally, in writing or through an electronic communication device. It is a misdemeanor or felony, not an infraction. Electronic evidence must be assessed for authorship, completeness and context.

• Telephones
• Computers
• Video (This includes YouTube or social media)
• Fax machines
• Text messages

In other words, this means that nonverbal threats are not covered under 422 PC.

Example: Tom is Phil’s boss at work. He brings Phil into his office and informs him that he has been fired. As Phil is walking to his car, he makes a gun hand signal and a throat slash gesture toward Tom.

Because this threat was not made verbally, it is not punishable as a criminal threat. However, if Phil had simply made a “gun cocking” noise with his mouth, this might constitute a criminal threat.

A text may preserve the alleged words, but a screenshot does not by itself prove authorship, intent, the surrounding circumstances or reasonable sustained fear. Preserve the complete conversation and original records.

3. The recipient is placed in a state of reasonably sustained fear for their safety

In order to prove this element of the crime, the prosecutor will have to show:

1. The recipient was actually fearful,
2. The fear was reasonable,
3. The fear was sustained.

In other words, the prosecutor has to show that the recipient of the threat actually feared for their safety or the safety of their family. Did the recipient scoff at the threat and laugh, or did they try to flee or go into hiding?

If there is evidence to show that the recipient was actually fearful of the threat, it is then a question of showing whether or not the fear was reasonable.

An implausible statement can weaken proof of a credible threat, but the full context controls. There is no automatic exception for an unusual method or exaggerated language.

Example 2: In the same situation, Phil holds his hand in his pocket to make it look as if he is carrying a gun. Phil smiles and says, “You’ve made a grave mistake crossing me, Tom. Bang bang.” Even though Phil wasn’t carrying a gun, Tom has much more reason to believe that he could be capable of carrying out the threat. This could be a criminal threat.

Lastly, the prosecution has to show that the fear “extends beyond what is momentary, fleeting or transitory.” Courts handle this on a case-by-case basis. 

Depending on the facts of the case, this could happen over a 15-minute timeframe, or it could be 15 days. The prosecution simply needs to show that the fear was sustained beyond the moments of the encounter.

4. The threat is “unequivocal, unconditional, immediate and specific.”

The fourth element of 422 PC specifies that the threat has to be “so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution.”

As for what this actually means — the threat and the circumstances around it simply have to convince the recipient that the person making the threat has plans to follow through. For this reason, conditional threats can be considered criminal threats, even if they aren’t exactly “immediate.”

Example: Mike is arrested and convicted of a robbery. His accomplice, Bob, testifies against him and avoids jail time. During a visit in jail, Mike tells Bob, “Once I’m out of here, I am going to kill you and your family.” Even though this threat isn’t technically immediate, because the gravity is so severe, it could be considered a criminal threat.

Courts have also found that empty threats can be criminal threats. As we mentioned above, it doesn’t matter if the defendant truly intended to carry out the threat. All that matters is the threat was made in such a way to make the recipients believe that it would happen.

Example: Ana and Brad are high schoolers, who are dating. Ana breaks up with Brad over text messaging. Brad replies that he’s going to “Unleash a bloodbath at class tomorrow.” Brad is arrested at school the next day with a cap gun, explaining that it was “just a joke.” 

Even though this was an empty threat, the people involved might’ve had reason to believe Brad could carry it out, and this could be a criminal threat.

Can you go to jail for threatening someone?

The short answer is yes, you can go to jail for threatening someone. If the threat is serious enough, and it is believed that you could actually carry out the threat, then you may be charged with a crime.

Depending on the severity of the threat, you could be facing misdemeanor or felony charges. If convicted, you could spend time in jail or prison.

If you are facing charges for making a threat, it is important to speak with an experienced criminal defense attorney. An attorney can help you understand the charges against you and defend you in court.

Penalties for making criminal threats

Criminal threats are treated as a “wobbler,” meaning that they can be prosecuted either as a misdemeanor or felony, based on the facts of the case and the criminal history of the defendant.

As a misdemeanor, it’s punishable by:

• Up to one year in county jail
• $1,000 in fines

As a felony, the penalties increase substantially:

• Up to three years in California state prison
• $10,000 in fines

Some important details to remember about sentencing:

• If you use a deadly or dangerous weapon to communicate your threat, the court could add an additional and consecutive year to your sentence.
• Separate threats or victims may support multiple counts depending on the facts and governing law. Count allegations, sentencing and any limits on multiple punishment require separate analysis.
• Felony PC 422 is listed as a serious felony under PC 1192.7(c)(38). A qualifying prior strike can affect a later felony sentence. A third-strike life term generally requires a current serious or violent felony, with statutory exceptions for certain other current offenses or prior convictions.
• Criminal threats is also treated as a “crime of moral turpitude.” Conviction of a crime of moral turpitude can result in loss of professional licenses or deportation for immigrants and alien residents.

Defenses against criminal threat charges

As we’ve seen, 422 PC is a very complicated law. There are a number of elements that the prosecution will need to prove in order to convict you.

“Robert really came to my rescue! I found myself under false accusations and he really came through. I was really freaking out, and Robert was able to make me feel like I was in good hands. I can’t recommend his services enough.”

Drew, CA

If you have been accused of making criminal threats, that means there are a number of possible defenses available to you. Depending on the facts of the case, it’s possible to argue defenses such as:

• The threat was too vague or ambiguous
• It didn’t fit the legal definition of “immediate”
• It didn’t put the recipient into a state of actual fear
• It wasn’t made verbally or over printed or electronic media
• The recipient’s fear was unreasonable
• The fear wasn’t sustained
• False accusations

Robert M. Helfend has practiced criminal defense in the Los Angeles area since 1984. Counsel can review the exact communication, attribution evidence, witness accounts and any search or interrogation issues. Call 800-834-6434 for a free case evaluation.

Call today for your free case evaluation — 800-834-6434.

Evidence to review before drawing conclusions

Issue	Relevant records
Authorship	Original messages, account access and device records; a displayed username alone may be incomplete.
Intent and context	The full conversation, prior relationship, quoted material and surrounding events.
Sustained fear	Witness accounts and actions linked to the threat; a brief reaction does not automatically establish sustained fear.
Law charged	PC 422, PC 71 and institutional threats under PC 422.3 have different elements.

Effective January 1, 2026, PC 422(b) permits a sentencing court to consider as an aggravating factor a felony threat against a person the defendant knew was a specified state constitutional officer, legislator, judge or court commissioner. This is not an automatic new four-year base term. PC 422.3 separately covers qualifying threats to people at designated institutions; the same threat cannot result in convictions under both sections.

Sources and legal standards

• PC 422
• PC 422.3
• PC 1192.7 serious felonies
• PC 667.5 violent felonies
• PC 12022 weapon enhancement

Legal information checked October 10, 2026. The charge, evidence and applicable version of the law control the analysis of an individual case.

References

1. California Penal Code § 422. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=422.&lawCode=PEN
2. 18 U.S. Code § 875 – Interstate communications. https://www.law.cornell.edu/uscode/text/18/875