It’s normal to feel angry or frustrated during a stressful situation. However, when your stress causes you to speak inappropriately to others, especially public figures, things can become serious. Threatening public officials, school employees, or law enforcement in a way that interferes with their work or makes them fear for their safety is illegal in California under Penal Code 71. It’s crucial to comprehend the legal requirements and potential repercussions if you or someone you know is facing this type of accusation.
What is Penal Code 71 in California?
California Penal Code 71 states that it is illegal to “threaten” a public official or employee in a way that aims to, or could be interpreted as aiming to, prevent them from performing their duties—or penalize them for doing so. This is true for a variety of jobs, including those held by police officers, judges, principals of schools, teachers, and state or local employees.
To be clear, it’s more than just being angry or offended. In accordance with Penal Code 71, a threat must be:
- Written or delivered directly to the recipient,
- Explicit and detailed regarding the potential harm, and
- Sensibly interpreted as a genuine threat rather than merely an irrational or irate remark.
Knowing that California Penal Code 71 protects people while they are performing their duties is crucial. Therefore, if the threat is obviously related to their job, it may still be considered under this law even if it occurs outside of regular business hours.
Is PC 71 a Felony?
71 PC is punishable as a felony or a misdemeanor. This is referred to as a “wobbler” offence in California, where the prosecutor determines the appropriate charge based on the case’s circumstances and the defendant’s prior criminal record.
The following sanctions could apply if it’s a misdemeanor:
- County jail for a maximum of one year
- A $1,000 maximum fine
- Probation or counselling
The situation becomes more serious if it is charged as a felony:
- State prison for sixteen months, two years, or three years
- A $10,000 maximum fine
The length and severity of the sentence may be affected by a prior conviction.
Penal Code 71 felony charges can also result in other repercussions, such as losing the ability to possess a firearm or experiencing issues finding work or housing.
Key Elements of Penal Code 71 Charges
A few things must be proven by the prosecutor in order to convict someone under Penal Code 71:
- The individual purposefully threatened a person who was protected by this law, such as a principal of a school or a police officer.
- The threat was one of death or bodily harm.
- Instead of being vague or expressing general frustration, the threat was specific and credible.
- It was intended as a form of intimidation, interference, or retaliation against the victim for carrying out their duties.
- The victim had a legitimate fear of danger.
That final point is crucial. Whether you truly intended to follow through is irrelevant. How the threat was conveyed and how the other person interpreted it are what count.
What are the Penalties for Violating 71 PC?
Penalties are determined by whether the charge is filed as a felony or a misdemeanor. However, there are repercussions that could impact both your life and your record.
For a misdemeanor, you may be subject to:
- 12 months in the county jail
- Penalties of up to $1,000
- Mandatory programs for mental health or anger management
The following are possible punishments for a felony:
- 16 months to 3 years behind bars
- Penalties of up to $10,000
- Formal probation and close oversight
In addition to jail time, a conviction may remain on your record and limit your employment options, particularly in fields where background checks are necessary. If you are not a U.S. citizen, it might also have an impact on your immigration status.
What are the Legal Defenses for Threatening a Police Officer?
Depending on the circumstances and how the threat was interpreted, a few defenses may be effective in cases involving threats against police officers.
Your lawyer could look into the following options:
- No Specific Threat: The language may not have met the requirements for a PC 71 violation if it was ambiguous or not specifically addressed to any one person.
- Freedom of Speech: Not all speech that is angry or offensive is prohibited by law. Certain forms of expression are protected under the First Amendment, particularly if they don’t pose a criminal risk.
- No Intent to Interfere or Retaliate: Intent is required by law. You might not be guilty if you didn’t intend to prevent someone from performing their duties.
- The Danger Was Unbelievable: It might be to your advantage if a reasonable person would not have taken the threat seriously.
- False accusation or misunderstanding: Words can be misheard or misinterpreted in stressful situations. Your case may be strengthened if the facts contradict the accuser.
Having a solid legal plan and a criminal defense lawyer is crucial to the outcome of the case because threatening a police officer is taken seriously.
Can I Get an Expungement After a Conviction?
Yes, you can often apply for expungement following a conviction under Penal Code 71, particularly if the charge was a misdemeanor. After you fulfill all sentencing requirements, such as community service, probation, or jail time, the conviction is expunged from your criminal record.
However, remember:
- Convictions for felonies are more difficult to expunge and may need to be reduced to misdemeanors by the court.
- Expunging a case while on probation is not possible.
- Your eligibility may be affected if you have a history of convictions or multiple charges.
Expungement can help you clear your record and improve your chances of finding employment, housing, and other opportunities if you’re trying to move on from a mistake.
Related Crimes
Similar to or frequently filed alongside Penal Code 71 cases are a number of other charges. Among them are:
- Penal Code 422: Criminal threats. Serious threats of violence that are not directly related to a person’s employment are covered by this law.
- Penal Code 69: Resisting an executive officer. This occurs when someone stops a public official from carrying out their duties by using force or threats.
- Penal Code 646.9: Stalking. A stalking charge may result from persistent threats or unwanted contact, particularly if it incites fear or emotional distress.
When someone is accused of threatening a police officer or public servant, these charges frequently overlap, though each has its own legal requirements and penalties.
Understand the Signs of Penal Code 71 and What to Do Next
It is a serious offence to be charged under Penal Code 71. Threatening a public official, school employee, or police officer can result in criminal charges, jail time, and a permanent record, even if it began with a heated argument. However, not all circumstances are clear-cut; credibility, context, and intent are all important.
Don’t wait if you are being charged or if you believe someone might report you. Contact a lawyer immediately. The first step to safeguarding your future is understanding your rights and how to defend yourself.