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Criminal Threats Bail Bonds
California Penal Codes Defined:
422. 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.
For the purposes of this section, "immediate family" means any spouse,
whether by marriage or not, parent, child, any person related by
consanguinity or affinity within the second degree, or any other
person who regularly resides in the household, or who, within the
prior six months, regularly resided in the household. "Electronic
communication device" includes, but is not limited to, telephones,
cellular telephones, computers, video recorders, fax machines, or
pagers. "Electronic communication" has the same meaning as the term
defined in Subsection 12 of Section 2510 of Title 18 of the United
States Code.
422.1. Every person who is convicted of a felony violation of Section
148.1 or 11418.1, under circumstances in which the defendant knew the
underlying report was false, in addition to being ordered to comply
with all other applicable restitution requirements and fine and fee
provisions, shall also be ordered to pay full restitution to each of
the following:
(a) Any person, corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency or instrumentality, or any other legal or
commercial entity for any personnel, equipment, material, or clean up
costs, and for any property damage, caused by the violation directly,
or stemming from any emergency response to the violation or its
aftermath.
(b) Any public or private entity incurring any costs for actual
emergency response, for all costs of that response and for any clean
up costs, including any overtime paid to uninvolved personnel made
necessary by the allocation of resources to the emergency response and
clean up.
(c) Restitution for the costs of response by a government entity under
this section shall be determined in a hearing separate from the
determination of guilt. The court shall order restitution in an amount
no greater than the reasonable costs of the response. The burden shall
be on the people to prove the reasonable costs of the response.
(d) In determining the restitution for the costs of response by a
government entity, the court shall consider the amount of restitution
to be paid to the direct victim, as defined in subdivision (k) of
Section 1202.4.
How We Can Help
Call us at 1-800-547-2188 for free bail consultation or email us
at info@bail-bonds-san-diego.com for
immediate bail bonds assistance for all San Diego cities.