Tag Archives: Element of Charge

Attempted Criminal Threat Requires Dual Jury Findings
March 27th, 2015

  People v. Chandler (2014) 60 Cal. 4th 508, 524-525 relied on First Amendment concerns in construing PC 422 to require both a subjective and objective element:   To avoid substantial First Amendment concerns associated with criminalizing speech, we construe the offense of attempted criminal threat to require proof that the defendant had a subjective […]

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