Threats against a person are not taken lightly in the state of California. What happens, though, if you make a threat on social media? Is it possible to prosecute a college student with a criminal for threatening someone on Facebook? We're here at Law Office of Michael L. Fell to warn you: Yes, it is correct. If you or a loved one has been charged with these threats as a college student, call Law Office of Michael L. Fell right immediately for a free case review.

Making criminal threats is the term used to describe the crime

It is a criminal conduct whenever someone deliberately and purposefully expresses a threat to someone else that will result in death or serious injury, according to the California penal law. To get a conviction for making criminal threats, the prosecution would have to show:

• The defendant made a threat to hurt or murder the person he or she threatened
• Orally, in writing, or by any technological communication, including social media, the threat was issued
• The defendant meant for their words to be interpreted as a threat. This is true even if the defendant was not physically capable of carrying out the threat and had no intention of doing so
• The danger had to have been obvious
• The individual who was threatened must have worried for their own or their family's safety

Note that all of the above must apply to the case, so if we can show that one of them does not – or if we can show reasonable doubt – the case may be dismissed.

Threatening someone with a criminal crime is a wobbler offense

Any charge that has the potential to be prosecuted as a felony or a misdemeanor is referred to as a wobbler offense. It all depends on the severity of the offense and whether you have a criminal record or not. If you are found guilty of a misdemeanor, you may face up to 364 days in prison and penalties of up to $1000. Fines of up to $10,000 and up to three years in jail can be imposed for a felony conviction.

Threats on Facebook qualifies

Making threats through electronic communication qualifies, as you can see from the parts of the offense that are necessary. This was especially introduced once social media and texting became major modes of communication. There have been countless arrests since the legislation was altered to encompass internet communications.

You will require the services of a criminal defense lawyer

If you've been accused of making criminal threats, you'll need the help of a criminal defense lawyer. We have the knowledge at Law Office of Michael L. Fell to figure out the best course of action. This may entail persuading the prosecution to accept an alternative sentencing, such as community service, in certain situations, or challenging the accusations in court in others. It all relies on the circumstances of your case and the evidence presented against you. Whatever the scenario, one thing is certain: we are ready to provide you with a free case review. To get started, call us at (949) 585-9055.