Irvine, Orange County - On Monday a man reportedly made criminal threats to campers in Trabuco Canyon saying he would "machine gun everyone," according to the Orange County Sheriff's Department.
Several campers called the sheriff's department to report the man, however by the time deputies had arrived the man had left the campgrounds located outside of Irvine.
Irvine criminal defense attorney Michael L. Guisti explains criminal threats under Penal Code (PC) 422 is when a person threatens to kill or physically harm someone and that person places that person in a state of reasonably sustained fear for their safety, and the threat is specific and communicated verbally, in writing, or via an electronically transmitted device.
Most importantly the fear by the victim must be reasonable and not fleeting, according to Irvine criminal defense attorney Guisti, for the criminal threat to stand.
Irvine criminal lawyer Guisti says nowhere in the report does it say he did or didn't have a gun on him, but even if he didn't have a gun on him it still qualifies as a criminal threat as everybody understood the threat to be real. Had this guy said something along the lines of, "I'm going to hijack an airplane and crash it into the camp," it would be difficult for prosecutors to prove the suspect was giving a creditable threat and the campers were actually put into reasonable, sustained fear, because the notion of some guy yelling he is going to crash an airplane into the park is unreasonable, according to Guisti. In this scenario, Guisti says, he could be charged at most with disturbing the peace.
Orange County criminal defense attorney Guisti says when he works to defend his clients against criminal threats he looks at whether the fear the alleged victim felt was unreasonable and if the threat really could be taken seriously.
Basically, says Guisti, he investigates whether his client actually made a threat and if the alleged victim was placed in reasonable fear, and if the answer is "no" to either question Guisti's clients are usually found not guilty.
Orange County criminal threat lawyer Guisti explains if the suspect is caught and admits to having a firearm on him while making the alleged criminal threats he could face firearm enhancement charges.
Making criminal threats is a "wobbler," which means it can be tried either as a misdemeanor or felony.
Guisti says if convicted a misdemeanor could land you up to a year in jail while a felony conviction of making criminal threats could land you up to four years in state prison.
If you're being accused of making criminal threats you must call the Orange County criminal threats defense attorney specialists at the Law Office of Michael L. Guisti right now at 888-478-8999 so we can review your case and get you the justice you deserve.
