Other Criminal Charges & Offenses California PC 422 (Criminal Threats) - About to Be Sentenced

[Don In California]

Jurisdiction

California

Until he is formally sentenced, he can change his mind, correct?

If so, does anyone think he can get off with a lighter sentence? Any thoughts? Comments? Advice?





More to mention... Shawn's niece asked these questions, which make good points:

"With a criminal threat, doesn't there have to be intent to carry it out? Like acting on the intent? He was 3k miles away. He said 'if casey didn't confess' making the threats conditional upon confession. However, since Casey did confess that he 'accidentally' paralyzed Gregory then wouldn't that make the threats null and void since 'if' is a conditional word and for all intents and purposes the condition was met by the confession of Casey alleging he did it but it was an accident?"


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You don't need to create a novel or write a biography, just ask your question.

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One of the site moderators

This is your only warning.

 

[adjusterjack]

Until he is formally sentenced, he can change his mind, correct?

That's a question that Shawn should be asking of his lawyer.

If so, does anyone think he can get off with a lighter sentence? Any thoughts? Comments? Advice?

That's also something Shawn should be asking of his lawyer.

Our opinions one way or the other don't mean anything. If it's your intention to start a debate about the First Amendment (or anything else), that's not what this site is for. The people on City Data, on the other hand, love these kinds of discussions and you'll get hundreds of replies there with equally useless opinions.

 

[Don In California]

Sorry, I redacted the PERSONAL NAMES, foul language, Cities and States to protect the identities of all involved, and this website from any potential lawsuits.

You don't need to create a novel or write a biography, just ask your question.

Please don't post personal identities, hometowns, and other identifying information.

Please don't post alleged racial or ethnic identifiers, and don't post foul language or descriptors that disparage any person.

One of the site moderators

This is your only warning.

That was unexpected. Since this is a legal case and the names that were mentioned are part of the publicly-available case files, I didn't think there was anything wrong with posting it. Also, the quotes with which you took issue are directly from the Case Display.

Apologies for the offense. I've mistaken what this forum is supposed to be.

 

[army judge]

That was unexpected. Since this is a legal case and the names that were mentioned are part of the publicly-available case files, I didn't think there was anything wrong with posting it. Also, the quotes with which you took issue are directly from the Case Display.

Apologies for the offense. I've mistaken what this forum is supposed to be.

I have no way to verify what you posted is indeed what you say it is.

We err on the side of caution, because we don't want you to get sued, nor does our site owner wish to be sued.

You can ask your question without the profanity, racial references, disparaging names for females, etc...

So, please ask your questions in a civil manner, using polite language, because this is family oriented forum..

 

[mightymoose]

Until he is formally sentenced, he can change his mind, correct?

Change his mind about what? A plea offer? If so, I would say it is probably too late. Sentencing happens after conviction. If he has been convicted I would not expect a prosecutor to suddenly offer a deal for less.

With a criminal threat, doesn't there have to be intent to carry it out?

No. This is specifically addressed in the criminal statute.

He was 3k miles away.

This might have been used to show that the victim could not have reasonably feared the threat, however 3k miles is overcome in one afternoon with a plane ride, and there is always the possibility that someone else carried out the threat.

...wouldn't that make the threats null and void since 'if' is a conditional word...

No. This is the same as the question above about intent.

 

[zddoodah]

Until he is formally sentenced, he can change his mind, correct?

I guess one of the moderators edited your post, so maybe that's why it's not at all clear about who "he" is or what you think he might change his mind about.

If so, does anyone think he can get off with a lighter sentence? Any thoughts? Comments? Advice?

Since your post contains no factual information whatsoever, there's no way to answer these questions intelligently, so "he" should consult with his defense attorney.

With a criminal threat, doesn't there have to be intent to carry it out?

California Penal Code section 422(a) states as follows: "Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison."

since Casey did confess that he 'accidentally' paralyzed Gregory then wouldn't that make the threats null and void since 'if' is a conditional word and for all intents and purposes the condition was met by the confession of Casey alleging he did it but it was an accident?

This question is unanswerable without context.