In the state of California, making threats against a person is not taken lightly. But what happens if you threaten someone on social media? Could a college student really be charged with a crime for threatening someone on Facebook? At Law Office of Michael L. Fell we’re here to warn you: The answer is yes. If you or a loved one has been charged as a college student with these threats, please contact Law Office of Michael L. Fell at (949) 585-9055 right away for a free case evaluation.

The situation is referred to as making criminal threats

California penal code makes it clear that if a person willfully and purposefully communicates a threat to someone else, and that threat would result in either death or serious injury, then it is a criminal act. In order for the prosecution to get a conviction for making criminal threats, they’d have to prove:

• The defendant threatened someone with intent to injure or kill the person they threatened.
• The threat was made either orally, in writing, or through any electronic communication – including social media.
• The defendant intended for their statement to be taken as a threat. Note that this applies even if the defendant weren’t actually able to carry out the threat and even if they didn’t intend to carry out the threat.
• The threat must have been clear.
• The person who was threatened must have feared either their safety or the safety of their family.

Note that all of the above must apply to the case so if we can prove that one of them doesn’t – or offer reasonable doubt – then the case could get thrown out.

Criminal threats is a wobbler offense

A wobbler offense refers to any charge that has the potential to be charged as either a felony or a misdemeanor. It all depends on how serious the crime was and whether or not you have a criminal record. If convicted of a misdemeanor, the punishment is up to 364 days in jail and fines of up to $1000. A felony conviction can result in fines of up to $10,000 and up to three years in prison.

Facebook threats could certainly qualify

As you can see from the elements of the crime that are required, making threats through electronic communication qualifies. In fact, lawmakers added this specifically after social media and texting became popular methods of communication. Since the law was changed to include electronic communications, there have been numerous arrests.

You need a criminal defense attorney

If you’ve been charged with making criminal threats then you need to work with a criminal defense attorney. At Law Office of Michael L. Fell, we have the experience to find the best way to move forward. In some cases, this may mean convincing the prosecutor to consider an alternative sentence, such as community service, while in others it may involve fighting the charges in court. It all depends on your case and the evidence against you. What is true no matter what the situation is this: We are prepared to offer you a free case evaluation. Simply call us at (949) 585-9055 to set it up.