Penal Code Section 422 defines a terrorist act or criminal threat as any threat with the intention of making another person fear bodily injury or death. California legislature defines this type of crime as a “strike” under the “Three Strikes Law.”
The following are acts that can result in a terrorism charge in California:
- Biological attacks
- Chemical attacks
- Spreading radioactive materials
- Deploying weapons of mass destruction
- Human bombs
- Aircraft hijacking
- Threats of injury to people (using any of the aforementioned)
- Threats of causing damage to a place or building (due to any of the above)
Terrorist acts and criminal threats are the same type of crime in the state of California. If you are under investigation for a terrorist act crime, you need to contact an experienced terrorist act trial attorney who has the expertise to defend you from this charge and prevent your conviction.
The penalties for a terrorist act are very grave: long term of incarceration in a state prison; heavy fines; restitution; parole or probation; a criminal conviction on record for life.
In order to prove that a defendant is guilty of a terrorist act, the prosecution must prove that the party who is charged:
- Willfully threatened to unlawfully kill or unlawfully cause harm which could result in great bodily injury of another person;
- Made the statement whether oral or otherwise that can be considered a violation of this charge;
- Intended that the statement be taken by another person as a threat, even if it is communicated through another person;
- Made a clear enough, immediate and specific statement that another person understood the serious nature of the threat and believed that it would be carried out;
- Caused another person to be scared for themselves or that harm could come to someone they care about including their friends or family;
- Successfully instilled fear in another person.
A person completes a crime of terrorism if he or she acts willfully out of their own volition. To determine whether the fear is reasonable and was made in a clear manner, the courts analyze the words spoken and the circumstances in which they were stated.
If you have been accused of a terrorist act crime in California, you need to seek the services of a terrorist act criminal defense attorney. If you have been arrested or are under investigation with a terrorist act offense, contact the Joe Shemaria Law Firm. We have extensive experience on cases involving terrorist act accusations, and we know how to resolve your case so that you avoid conviction. Contact a terrorist act criminal defense attorney today for a free consultation.