Threatening Official law, Penal Code § 76 in California, seeks to protect the integrity of government by protecting elected officials and members of the criminal justice system from any threats. Anyone who deliberately threatens the life, or threatens severe physically harm to any elected official, county public defender, county clerk, Judges, Commissioners, Deputy Commissioner, appointees of the Governor with Civil Service, Referees, and Retired Judges, or immediate family of the staff of any of the above bodies is subject to prosecution.
What are the Punishments?
First Conviction: Upon a first conviction, the wrongdoer is punishable by:
- A fine not exceeding five thousand dollars, or
- Imprisonment pursuant to subdivision (h) of section 1170 , or
- In a county jail not exceeding one year, or
- Both (fine and imprisonment).
Second Conviction: Upon second or third time conviction, the previous conviction shall be charged in the accusatory pleading, and in case the previous conviction is found to be true, the crime is punishable by imprisonment pursuant to subdivision (h) of section 1170.
What are the Potential Defenses?
The following defense may followed in any Penal Code Section 76 case:
- Not sufficiency of the threat such as vague written or oral statements.
- The prosecution needs to prove a certain intent on the part of the defendant to put the protected individual in fear. So lack of intent is a strong intent.
- Accused is unable to carry out the threat.
- The Victim was not in reasonable fear. The alleged victim's statements may show lacked the requisite fear for his protection.
- If the communication between parties was made for reasons other than those relating to the protected person's office duties.
Contact a criminal defense lawyer in California
If you are contacted by a law enforcement department regarding an illegal threat, it is essential that you politely refuse to give a statement before speaking to a defense attorney. You should appeal your right to remain silent, and right to have a criminal attorney in California present upon investigation. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
Last but not least, by reading this article you are entitled to use one of our criminal lawyer coupon codes that will grant you a discount and a free assessment of your case. Just send us a message including the code: CriminalOffense_5-20
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