San Diego Criminal Threats Defense Lawyer
A charge of making criminal threats can come as a shock. What may have started as an argument, a heated exchange of texts or a moment of frustration can quickly escalate into a felony arrest and the possibility of years in prison. Even if you never intended to follow through on anything you said—or didn’t actually say anything threatening at all—California law gives police and prosecutors wide latitude to press charges based on someone else’s interpretation of your words or actions.
At Anthony Z. Vargas, Esq., Attorney at Law, we understand that criminal threat allegations are often one-sided, exaggerated, or taken out of context. These cases frequently arise in domestic disputes, school or workplace settings, or between former friends, partners, or coworkers. As a seasoned San Diego criminal defense lawyer and former Public Defender, Anthony Vargas has the experience and insight needed to get to the bottom of these accusations and fight for a just result.
What Is a Criminal Threat?
Under California Penal Code § 422, a criminal threat occurs when someone willfully threatens to kill or seriously injure another person, and:
- The threat is made verbally, in writing, or electronically (such as via text, email, or social media);
- The person making the threat intends that it be understood as a threat;
- The threat is specific and unequivocal;
- The threat causes the alleged victim to be in sustained fear for their safety or the safety of their immediate family.
It’s important to note that no physical contact or follow-through is required. You can be charged with making a criminal threat even if nothing happened beyond the alleged statement. What matters most is how the other person interpreted your words and whether the prosecution can prove that the fear they experienced was “reasonable” and “sustained.”
Is Making Criminal Threats a Felony or a Misdemeanor?
Making criminal threats is what’s known as a wobbler offense in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the prosecutor’s discretion.
If charged as a misdemeanor, penalties can include up to one year in county jail, up to $1,000 in fines, probation, counseling, and a restraining order. If charged as a felony, penalties increase significantly and can include up to three years in state prison, a strike under California’s “Three Strikes” law, and possible sentencing enhancements for the use of a deadly weapon or prior convictions.
Because of the serious consequences a felony conviction can carry—especially the “strike”—it is essential to have a defense lawyer who knows how to challenge the prosecution’s theory of the case and push for a reduction or dismissal.
Common Defenses to Criminal Threats Charges in San Diego
Every criminal threats case is fact-specific. Anthony Vargas takes the time to understand your side of the story, gather all available evidence, and prepare a defense that highlights reasonable doubt or casts doubt on the credibility of the accusation.
Some of the most effective defenses in these cases include:
- Lack of intent — The alleged statement wasn’t meant as a threat, or it was misunderstood.
- No immediate or specific threat — Vague or general statements (“You’ll be sorry”) don’t meet the legal standard.
- No sustained fear — The alleged victim didn’t actually experience fear, or their fear wasn’t reasonable.
- False accusation — The charges are fabricated, exaggerated, or motivated by revenge.
- Free speech — In some cases, Anthony may argue that the alleged statement is protected by the First Amendment and doesn’t meet the legal threshold for a criminal threat.
Anthony may also pursue diversion programs or mental health treatment alternatives in appropriate cases, especially if the alleged conduct arose from emotional distress, trauma, or a one-time lapse in judgment.
Digital Evidence and Criminal Threats
Many criminal threat cases today involve texts, emails, or social media posts. While these messages can serve as evidence against you, they can also be a key part of your defense. Anthony knows how to analyze digital communications in context, identify gaps in the prosecution’s timeline, and uncover exonerating material that was conveniently ignored by law enforcement.
In some cases, reviewing the full conversation can reveal that the alleged threat was made in jest, was part of a mutual argument, or was taken entirely out of context. Anthony will make sure your side of the story is told.
How Anthony Vargas Can Help
If you’ve been arrested or charged with criminal threats in San Diego County, Anthony Vargas is ready to step in and protect your rights. From arraignment through trial, he will advocate for you with professionalism and determination. As a former Public Defender, he’s appeared in courtrooms throughout the county—including El Cajon, Vista, Chula Vista, and downtown San Diego—and he knows how to navigate the local court system to your advantage.
Anthony can:
- Request a reduction from felony to misdemeanor, or seek dismissal where possible
- Negotiate with prosecutors for a favorable plea deal or diversion program
- File pretrial motions to exclude improper evidence or dismiss weak charges
- Represent you in court and tell your side of the story with clarity and conviction
Criminal threat charges can be isolating and stressful. Anthony brings calm to the chaos and empowers you to move forward with confidence in your defense.
Call a San Diego Criminal Threats Defense Attorney Today
Criminal threat charges don’t have to derail your life. With the right defense attorney on your side, you can fight back against false accusations, protect your future, and begin putting this ordeal behind you.
If you or someone you love has been charged with criminal threats in San Diego County, don’t wait to get help. Contact Anthony Z. Vargas, Esq., Attorney at Law, today for skilled and compassionate representation by one of San Diego’s most trusted criminal defense lawyers.