Morris Law is a Berkeley criminal defense law firm. Call (510) 350-3225 for a free case review of your criminal threats case. Criminal Threats in California is prosecuted under California Penal Code §422. All Berkeley cases are heard at the Alameda County courthouses in Downtown Oakland. Seth Morris spent years in those courthouses as a Deputy Public Defender.

What is criminal threats under California law?

Berkeley Criminal Threats Lawyer — Morris Law

Criminal threats in California are prosecuted under Penal Code §422. The prosecution must prove five elements: (1) the defendant willfully threatened to commit a crime resulting in death or great bodily injury; (2) the threat was made verbally, in writing, or by electronic communication; (3) the defendant intended the statement be taken as a threat; (4) the threat was so unequivocal, unconditional, immediate, and specific as to convey a gravity of purpose; and (5) the threat caused the victim reasonable and sustained fear.

Penalties for criminal threats in California

Below are the specific penalties Morris Law sees for criminal threats cases in Alameda County:

  • Wobbler — misdemeanor up to 1 year county jail, or felony 16 months, 2, or 3 years state prison
  • Strike offense when charged as a felony under PC §667.5 and §1192.7
  • Enhancement under PC §12022 if a weapon is used in making the threat: +1 year
  • Restraining orders under PC §136.2 during pendency and after conviction
  • Firearm prohibition under PC §29805 (misdemeanor conviction) or lifetime federal ban (felony)

Collateral consequences — professional licensing, immigration status, firearm rights — often exceed the direct sentence. We assess collateral exposure at the start of every case.

How Morris Law defends criminal threats cases in Berkeley

Every case is different, but the defense strategies below are the ones that most often produce dismissals, reductions, and acquittals in criminal threats cases:

  • Threat lacked specificity — vague, conditional, or ambiguous statements do not meet the PC §422 standard. Courts require unequivocal, unconditional, immediate, and specific threats.
  • No sustained fear — the alleged victim’s fear must be reasonable and last more than a fleeting moment. Text messages sent while continuing to engage often show no sustained fear.
  • No intent to threaten — angry venting, drunk statements, or communications intended as jokes may not meet the specific intent required.
  • First Amendment — protected speech (political speech, artistic expression, or hyperbolic language) can defeat criminal-threats charges.
  • Rap-lyric evidence challenges under Evidence Code §352.2 (AB 2799) — creative expression is restricted as evidence.
  • PC §17(b) reduction — felony wobbler reduced to misdemeanor avoids the strike consequence.

What to do if you are arrested for criminal threats in Berkeley

Most Berkeley arrests are made by the Berkeley Police Department (BPD). UC Berkeley Police handle arrests on campus and in university housing. Alameda County Sheriff and CHP also make arrests. Take these steps:

  1. Invoke your right to counsel. Under Miranda v. Arizona, you must clearly say you want a lawyer, then stop talking.
  2. Do not consent to a search. Officers need a warrant, probable cause, or your consent. Refuse politely.
  3. Call Morris Law at (510) 350-3225. We answer 24 hours a day.
  4. Preserve evidence. Photograph injuries, damage, or torn clothing. Note officers’ names, badge numbers, and witnesses.
  5. Stay off social media and jail phones. Both are recorded and admissible.
  6. Write down your account for your attorney. Record what happened while events are fresh.

Why Berkeley residents choose Morris Law for criminal threats defense

Morris Law was founded by Seth Morris, a former Alameda County Deputy Public Defender. What we bring to every case:

  • Seth Morris was a Deputy Public Defender in Alameda County. He defended clients in the exact courthouses where Berkeley cases go.
  • More than 25 jury trials, including life-in-prison exposure cases.
  • Federal recognition on police body cameras and 4th Amendment litigation. Obama Task Force on 21st Century Policing contributor.
  • Published in the Washington Post, Vanity Fair, and Salon. Interviewed on MSNBC, NBC Bay Area, KQED, KALW.
  • Berkeley office at 2025 Rose St #200. Serves Berkeley, Albany, El Cerrito, Kensington, Emeryville.
  • 24/7 phone access at (510) 350-3225.

Seth Morris is a member of the National Association of Criminal Defense Lawyers, California Attorneys for Criminal Justice, and the Alameda County Bar Association.

How criminal threats cases move through Alameda County

Stage Where Timing
Arrest Berkeley — often by BPD Day 0
Booking Glenn E. Dyer or Santa Rita Jail Day 0–1
Arraignment Wiley W. Manuel or René C. Davidson Within 48 hours in custody
Preliminary hearing (felony) René C. Davidson Courthouse Within 10 court days in custody
Trial Wiley W. Manuel or René C. Davidson Within 60 days if not waived

Criminal Threats defense — Frequently Asked Questions

Is criminal threats a felony in California?

It is a wobbler. PC §422 can be filed as a misdemeanor (up to 1 year jail) or a felony (up to 3 years state prison) depending on the alleged threat, prior record, and victim impact. The felony version is a strike. The prosecution must prove the threat was specific, unequivocal, immediate, and caused sustained fear.

Can a text message be a criminal threat under PC 422?

Yes. Penal Code §422 explicitly covers threats made ‘by electronic communication device.’ Text messages, DMs, emails, and voicemails all qualify. The same five-element test applies — specificity, immediacy, unequivocality, gravity, and sustained fear.

What if I did not mean it as a threat?

PC §422 requires specific intent that the statement be taken as a threat. Jokes, hyperbole, and angry venting without intent to communicate a real threat can defeat the case. Text messages sent in a heated argument, or statements to third parties never intended to reach the alleged victim, are common defense arguments.

Where do Berkeley criminal cases go to court?

Berkeley cases go to the Alameda County Superior Court. Misdemeanors and traffic go to the Wiley W. Manuel Courthouse (661 Washington St, Oakland). Felonies go to the René C. Davidson Courthouse (1225 Fallon St, Oakland). Our attorneys appear at both regularly.

Who is Seth Morris?

Seth Morris founded Morris Law in 2021. He earned his JD at UC Berkeley School of Law in 2006, served as a Deputy Public Defender in Alameda County, and has tried more than 25 jury trials — including cases with life-in-prison exposure. He helped develop the national Body Camera Toolkit for President Obama’s Task Force on 21st Century Policing.

How quickly can I meet with a Berkeley criminal defense lawyer?

Same day, in most cases. Attorneys are reachable 24 hours a day at (510) 350-3225. If a family member has been booked at Berkeley Police Department or transferred to Santa Rita Jail, we can arrange contact within hours.

Get a free criminal threats case review

Talk to a Berkeley criminal defense lawyer today. Call (510) 350-3225 or use our online form. Free case review. 24-hour phone. Berkeley office at 2025 Rose St #200.

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