Our FirstCall lawyers have extensive experience in successfully defending cases in front of State and Federal Courts. Whether you are located in San Diego, Vista, Escondido, Orange, Anaheim, Tustin, Santa Ana, or Los Angeles or anywhere in California, our lawyers are ready to assist you with your criminal defense matter, such as DUI, domestic violence, drugs, weapons, trafficking, battery and assault, fraud and much more.

2022 California Code
Penal Code – PEN
PART 1 – OF CRIMES AND PUNISHMENTS
TITLE 5 – OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE

Universal Citation: CA Penal Code § 74 (2022)

74. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding ten thousand dollars ($10,000), and, in addition thereto, forfeits his office and is forever disqualified from holding any office in this state.

(Amended by Stats. 1983, Ch. 1092, Sec. 234. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

76. (a) Every person who knowingly and willingly threatens the life of, or threatens serious bodily harm to, any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, or the staff, immediate family, or immediate family of the staff of any elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms, with the specific intent that the statement is to be taken as a threat, and the apparent ability to carry out that threat by any means, is guilty of a public offense, punishable as follows:

(1) Upon a first conviction, the offense is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.

(2) If the person has been convicted previously of violating this section, the previous conviction shall be charged in the accusatory pleading, and if the previous conviction is found to be true by the jury upon a jury trial, or by the court upon a court trial, or is admitted by the defendant, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170.

(b) Any law enforcement agency that has knowledge of a violation of this section involving a constitutional officer of the state, a Member of the Legislature, or a member of the judiciary shall immediately report that information to the Department of the California Highway Patrol.

(c) For purposes of this section, the following definitions shall apply:

(1) “Apparent ability to carry out that threat” includes the ability to fulfill the threat at some future date when the person making the threat is an incarcerated prisoner with a stated release date.

(2) “Serious bodily harm” includes serious physical injury or serious traumatic condition.

(3) “Immediate family” means a spouse, parent, or child, or anyone who has regularly resided in the household for the past six months.

(4) “Staff of a judge” means court officers and employees, including commissioners, referees, and retired judges sitting on assignment.

(5) “Threat” means a verbal or written threat or a threat implied by a pattern of conduct or a combination of verbal or written statements and conduct made with the intent and the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her immediate family.

(d) As for threats against staff or immediate family of staff, the threat must relate directly to the official duties of the staff of the elected public official, county public defender, county clerk, exempt appointee of the Governor, judge, or Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section.

(e) A threat must relate directly to the official duties of a Deputy Commissioner of the Board of Prison Terms in order to constitute a public offense under this section.

Because of the complexity of criminal defense charges and procedures it is imperative that you connect with one of our super knowledgeable and aggressive FirstCall lawyers. FirstCall lawyers serve all of Southern California, from San Diego and North County to Orange, Anaheim, Tustin, Santa Ana and Los Angeles and Northern California as well.

One of the major mistakes many people charged with criminal offenses make is to attempt to represent themselves. This is no different that trying to perform a surgery on oneself. Criminal defense law is very complex and therefore, only with the assistance of an experienced land aggressive lawyer, the person can navigate the maze of laws and Court procedures in their criminal cases. Our FirstCall lawyers are very experienced, proactive and can identify the best options for you under the specific circumstances of your case. FirstCall lawyers represent clients throughout Southern California, from San Diego to Los Angeles, and in between, Vista, Escondido, Orange, Anaheim, Santa and Tustin, as well as in areas of Northern California both in State and Federal Courts.