Understanding the Three Types of Criminal Records

What is a Criminal Threat?

Under California Penal Code, a Criminal Threat occurs when someone threatens another person in such a way that a reasonable person would fear for their safety, and the threat appears serious enough that it could realistically be carried out. Even if no actual violence occurs, the threat alone can result in criminal charges if it causes the alleged victim to fear for their safety.

Is It a Serious Crime?

On the criminal side, a Criminal Threat charge is often treated as a misdemeanor, especially for first-time offenders. The penalties are typically light compared to other offenses:

• Jail time is rare

• Probation may be granted instead of incarceration

• Probation terms are often short (e.g., 12 months)

• Fines and community service are sometimes waived

As a result, public defenders or even some private defense attorneys may advise clients not to worry too much—telling them to accept a plea deal, admit guilt, and simply complete probation. However, this approach can lead to serious immigration consequences, and that’s where things get complicated.

Why Is This Dangerous for Immigrants?

While Criminal Threat may be considered minor under criminal law, it can be considered an Aggravated Felony under U.S. immigration law.

This means that—even if your criminal defense attorney tells you the case is “no big deal” in the criminal court system—pleading guilty to a Criminal Threat charge could put you at risk of deportation in immigration court. Many defense attorneys do not specialize in immigration law, and they may not fully understand how a seemingly minor conviction could be classified by the Department of Homeland Security as an aggravated felony.

If Immigration and Customs Enforcement (ICE) later initiates removal proceedings based on this conviction, you may face detention, loss of legal status, or even deportation—regardless of how minor the original criminal sentence was.

What Should You Do?

If you are a non-citizen and have been charged with Criminal Threat, it is crucial to retain a criminal defense attorney who understands both criminal and immigration consequences. When negotiating a plea bargain, you must carefully consider not just the outcome in criminal court, but also how the conviction might impact your immigration status.

Whenever possible, your legal team should resolve the case in a way that avoids immigration triggers—so that the matter is fully resolved both legally and immigration-wise.