California PC 422 (Criminal Threats): What it mean & repercussions

Getting arrested for California Penal Code 422 (Criminal Threats) can be frightening and confusing—especially when the situation involves Domestic Violence allegations or a heated dispute where someone claims they were Threateninganother person. In Roseville Placer County, these cases are taken seriously by law enforcement and prosecutors because threats can escalate into real harm.

This blog explains what PC 422 is, what prosecutors must prove, how these cases often show up in domestic situations, what penalties may apply, what happens after an Arrest involving the Placer County Sheriff, and how a Bail Bondsmanand Bailbond (including Bail House Bail Bonds) can help when bail is available.

This is general information, not legal advice. If you’re facing charges, speak with a qualified California criminal defense attorney.

What Is California Penal Code 422 (Criminal Threats)?

Under PC 422, a person commits criminal threats when they willfully threaten to commit a crime that would result in death or great bodily injury, and they intend their statement to be taken as a threat—even if they never actually intended to carry it out. The threat must be so clear and specific (considering the circumstances) that it conveys a real “gravity of purpose” and an immediate prospect the threat will be carried out. Finally, it must cause the person threatened to be in sustained fear, and that fear must be reasonable. Justia Law+1

Key takeaway: PC 422 is not about “rude language” or “trash talk.” It’s about threats of serious violence that create reasonable, sustained fear.

The Elements Prosecutors Must Prove (What Turns “Threatening” Into a Crime)

California’s jury instruction for PC 422 (CALCRIM 1300) lays out what the People must prove. In plain English, it typically includes:

1. The person willfully threatened to unlawfully kill or unlawfully cause great bodily injury

2. The threat was made orally, in writing, or electronically (texts, social media, etc.)

3. The speaker intended the statement to be understood as a threat (and sometimes intended it be communicated to the victim)

4. Under the circumstances, the threat was so clear, immediate, unconditional, and specific that it communicated a serious intention and an immediate prospect of being carried out

5. The threat actually caused the victim to be in sustained fear for safety

6. The fear was reasonable under the circumstances Justia

CALCRIM also clarifies:

• The person does not have to actually intend to carry out the threat. Justia

• “Sustained fear” means more than a momentary, fleeting, or transitory fear. Justia

Common Examples of PC 422 Situations

Criminal threats allegations can come from many contexts, but they often involve:

• Texts like “I’m going to kill you,” or “I’m going to break your neck,” especially with a history of violence

• Statements made during arguments that cause the other person to fear for their life

• Threats made through third parties (“Tell her I’ll burn the house down with her in it”)

• Threats paired with acts that make them feel real (showing a weapon, stalking behavior, repeated calls/messages)

Whether a statement becomes a PC 422 charge often comes down to context: tone, history between the people, surrounding actions, and whether the alleged victim experienced reasonable sustained fear.

PC 422 and Domestic Violence: Why These Charges Frequently Overlap

PC 422 is commonly seen in Domestic Violence situations because threats can be part of an escalating control pattern—especially when relationships are breaking down, jealousy is involved, or one partner is trying to intimidate the other.

Placer County’s Domestic Violence Resource Portal highlights how dangerous DV situations can be and emphasizes that DV can escalate and become life-threatening. Placer County

It also notes an important legal reality: in California, only the state can bring charges in DV-related crimes. In other words, “pressing charges” is not the victim’s decision—prosecutors decide whether to move forward based on evidence and safety concerns. Placer County

Why this matters in real life: In a domestic dispute, even if the reporting person later wants to “drop it,” the case can still continue if prosecutors believe there’s ongoing risk.

Penalties for Criminal Threats (PC 422)

PC 422 is often described as a “wobbler,” meaning it can be prosecuted as either a misdemeanor or felony depending on the circumstances and criminal history.

The statute itself states that a person convicted “shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.” Justia Law

Many California criminal defense references explain that the felony sentencing exposure is commonly described as 16 months, 2 years, or 3 years in custody and fines that can reach $10,000, depending on how the case is charged and sentenced. Shouse Law Group+1

Important note: Exact sentencing can vary based on charging decisions, enhancements, probation eligibility, and the facts. Always verify the specifics with a qualified attorney.

What Happens After an Arrest in Placer County

If an Arrest happens for PC 422 in Placer County, the early steps often look like this:

1) Booking and custody

A person may be booked into a Placer County facility depending on the arrest location and classification. The Placer County Sheriff Corrections page provides official jail contact details and directs the public to the county’s Who’s In Custody system for the most current inmate information. Placer County

Placer County lists:

• Auburn Jail — 2775 Richardson Drive, Auburn, CA 95603; 530-745-8500 Placer County

• South Placer Jail — 11801 Go For Broke Road, Roseville, CA 95678; 916-409-8100 Placer County

2) Bail review and release conditions

Even when bail is available, PC 422 cases—especially those tied to Domestic Violence—often come with strict conditions such as:

• no-contact orders

• stay-away distances from a home/workplace

• firearm surrender orders (case-specific)

• orders limiting communication (including texts/social media)

3) Arraignment and protective orders

At arraignment, charges are formally presented and release terms can be set or modified. Courts can also issue protective orders quickly in threat-related cases.

Bail Options: Full Bail vs. Bailbond

If bail is set, families typically have two paths:

Option A: Post the full bail amount

This means paying the full bail to the court (or through an approved process). If the person appears as required, the bail is generally eligible to be returned later—subject to court rules and timelines.

Option B: Use a Bailbond through a Bail Bondsman

A Bailbond allows release without paying the full bail upfront. A Bail Bondsman posts a surety bond guaranteeing the bail, and the family pays a premium instead of the entire amount.

When someone is sitting in custody after a PC 422 Arrest, a Bailbond can help families move fast—especially when court dates and work/family responsibilities are piling up.

If You’re In Danger: Domestic Violence Support Resources

If threats are happening in a relationship and you feel unsafe, support is available:

• National Domestic Violence Hotline (24/7): 1-800-799-SAFE (7233) (TTY 1-800-787-3224). Placer County+1

• Stand Up Placer (Placer County) Crisis/Info Line 24/7: (800) 575-5352. Placer County

If you are in immediate danger, call 911.

Q&A: California PC 422 (Criminal Threats) in Placer County

1) What counts as a “criminal threat” under PC 422?

A willful threat to commit a crime resulting in death or great bodily injury, made with intent that it be taken as a threat, that is sufficiently clear and specific, and that causes reasonable sustained fear. Justia Law+1

2) Can you be charged if you didn’t actually plan to carry it out?

Yes. PC 422 applies even if there is “no intent of actually carrying it out,” as long as the other elements are met. Justia Law+1

3) Does a threat over text or social media count?

It can. The statute covers threats made verbally, in writing, or by electronic communication device. Justia Law+1

4) What does “sustained fear” mean?

It means fear for a period of time that is more than momentary, fleeting, or transitory. Justia

5) How do I find someone after a Placer County arrest?

Placer County Sheriff Corrections directs the public to its Who’s In Custody site and lists jail contact info for Auburn Jail and South Placer Jail. Roseville Placer County

What Makes Bail House Bail Bonds Stand Out in Placer County

When you’re dealing with a Criminal Threats arrest, families are usually overwhelmed and trying to make decisions quickly—especially when the situation involves Domestic Violence, protective orders, and strict release conditions.

Here’s what people often value—and what Bail House Bail Bonds aims to provide compared to other agencies in the area:

• Fast, responsive help when time matters: Arrests don’t happen on a schedule, and the first hours are critical.

• Clear explanations of the Bailbond process: You’ll understand what’s needed and what to expect—without confusion or pressure.

• Local familiarity with Placer County custody: Knowing the Placer County Sheriff jail system and how release steps typically flow helps reduce delays and stress. Placer County

• Professionalism and discretion: Threat-related and DV-adjacent cases are sensitive—your situation should be handled confidentially and respectfully.

• Support that’s calm and direct: When your family is panicking, you need steady guidance, not more chaos.

If you need a Bailbond after an Arrest in Placer County, Bail House Bail Bonds can help you navigate the next step quickly and clearly.