blog home Criminal Defense They Say You Threatened Them—Now What? What San Diego’s AB 237 Means for Your Case

They Say You Threatened Them—Now What? What San Diego’s AB 237 Means for Your Case

By San Diego Attorney on May 24, 2025

If someone has accused you of making a threat—whether in person, over text, or online—you may be facing more serious legal consequences. In 2025, California enacted Assembly Bill 237 (AB 237), legislation that significantly changes how threats, stalking, and harassment are charged and prosecuted.

In San Diego, law enforcement and prosecutors are already using this law to escalate cases that formerly might have resulted in a misdemeanor. This means you could be facing felony charges, especially when digital communications are involved.

What Is AB 237?

AB 237 is a California law that expands the legal definition and evidentiary standards for criminal threats, stalking, and online harassment. It was passed to address the growing use of digital platforms, including texts, social media, and emails, as tools for intimidation or control.

Key components of AB 237 San Diego threat charges include:

• Broader definition of a credible threat, including messages sent anonymously or through third parties.
• Expanded admissibility of text messages, emails, social media posts, and even emojis as evidence.
• Enhanced penalties when threats are part of a pattern of coercive control (such as in domestic violence or stalking cases).
• Increased ability for prosecutors to file felony charges, even when physical violence has not occurred.

Under this law, words alone, whether typed or spoken, can now land you in felony territory if interpreted as threatening by the recipient or law enforcement.

What Counts as a Threat Under AB 237?

California law already has strict penalties for criminal threats under Penal Code § 422, which involves willfully threatening to commit a crime that would result in death or great bodily injury, with the intent that the statement be taken seriously, even if you never act on it.

AB 237 broadens this even further. Prosecutors no longer need to prove that the threat was immediate or physically conveyed. Instead, they focus on:

• How the alleged victim perceived the message (Was it frightening? Did they believe it was serious?)
• The context of the relationship (Was there a history of harassment, coercion, or domestic issues?)
• Whether the message caused sustained fear in a reasonable person

That means a late-night text, a threatening DM, or a vague social media post can now serve as a basis for AB 237 San Diego threat charges, especially if you have had prior conflict.

Can You Be Charged for Something You Wrote Online?

Yes. In fact, online threats under California law are one of the fastest-growing areas of prosecution under AB 237.

Some examples of online content that may trigger criminal charges include:

• Texts or DMs stating, “You’ll be sorry” or “I’ll make you pay.”
• Comments on posts suggesting violence or harm
• Posts targeting someone with implied threats, even using images or memes
• Threatening emojis (e.g., knives, bombs, guns) if interpreted in context as malicious

Even deleted messages may be recovered and used as evidence. Prosecutors increasingly rely on criminal defense text evidence such as screenshots, phone extractions, and forensic recovery tools.

What Are the Penalties for Threat Charges Under AB 237?

Depending on the circumstances of the case, AB 237 allows prosecutors to file either misdemeanor or felony charges. Factors that increase the risk of felony charges include:

• Use of weapons or implied weapon use in the communication
• Prior convictions (especially for domestic violence or stalking)
• Multiple alleged threats sent over time (a “course of conduct”)
• Violation of a protective order

Felony threat charges can result in:

• Up to 3 years in state prison (or more with enhancements)
• Felony probation with mandatory counseling
• Loss of firearm rights
• Restraining orders barring contact with the alleged victim
• Long-term consequences for employment, housing, and immigration status

AB 237 and Stalking Charges

AB 237 also impacts stalking defense in California. Stalking under Penal Code § 646.9 involves repeatedly following or harassing someone with the intent to cause fear.

With AB 237 in place, prosecutors will now:

• Pursue stalking charges more aggressively based on digital conduct, such as repeated messages or anonymous harassment.
• Use multiple communication methods (text, calls, emails, social media) as cumulative evidence of a pattern.
• Apply coercive control standards to bolster felony charges, especially in domestic or former intimate partner cases.

If you have been accused of stalking in addition to threats, you may be facing stacked charges under multiple sections of the Penal Code.

What Should You Do If Accused of Threatening Someone?

If you are accused of threatening, harassing, or stalking someone, you need to act fast. There are immediate steps you should take.

Do Not Contact the Accuser

Even if you feel the accusation is false or exaggerated, any communication—even an apology—can be used against you. If a restraining order is in place, contact is a criminal violation.

Preserve Your Own Evidence

Save all texts, messages, emails, and social media posts that show your side of the story. Sometimes, what seems threatening in isolation is neutral or benign in full context.

Do Not Speak to Police Without a Lawyer

Police may reach out casually or aggressively, but anything you say can and will be used in court. So you should politely assert your right to remain silent and contact legal counsel.

Hire an Experienced Criminal Defense Attorney

With AB 237’s expanded definitions and digital evidence standards, you need a San Diego criminal defense lawyer who understands modern communication platforms, forensic phone analysis, and constitutional protections.

At jD Law Criminal Defense Attorneys, we bring decades of experience defending clients in complex digital and domestic violence-related accusations throughout San Diego.

How We Defend Threat and Stalking Charges

Your best defense depends on the specific facts of your case, but common strategies include:

• Lack of intent: The message was not meant as a threat or was misinterpreted.
• Constitutional defense: Some speech is protected under the First Amendment.
• False accusation: In cases involving breakups or custody disputes, fabricated claims are common.
• Lack of context: A “threatening” message may not be threatening when viewed in full context with other messages.
• No sustained fear: The alleged victim must have experienced real, ongoing fear.

We also challenge the admissibility of criminal defense text evidence, examine how it was obtained, and work with digital forensic experts to analyze message metadata and timelines.

Talk to a San Diego Criminal Defense Lawyer Today

If you are facing criminal charges or accusations under AB 237, the stakes are high and the evidence landscape is evolving fast. You need the support of a law firm that understands how the law and technology intersect in these cases.

At jD Law Criminal Defense Attorneys, we have spent over 30 years defending clients against threat, stalking, and harassment charges throughout Southern California. We know the courts. We know the evidence. And we know how to fight.

Lead Attorney James N. Dicks has been selected to receive the Client Choice Award from AVVO seven times. So call our law firm today at (760) 630-2000 to schedule your free consultation.