In what circumstances will a defendant be found guilty of making a threat against another person?

In determining if a criminal threat has been made the jury is entitled to consider "all of the circumstances" and "the threatening statement does not have to be the sole cause of the victim's fear." (People v. Solis (2001) 90 Cal.App.4th 1002, 1014.)

In People v. Fierro (2010) 180 Cal.App.4th 1342 (Fierro), a challenge to the sufficiency of the evidence supporting a threat conviction was rejected where the defendant stood by the victim's car, displayed what appeared to be a gun and threatened to kill the victim "'right now.'" (Id. at p. 1346.) The victim was "'scared to death during the whole ordeal.'" (Ibid.) In finding that the sustained fear element was proven, the appellate court reasoned, "[The victim] testified clearly and more than once that he was horribly scared, and his fright was not fleeting.... Facing what he thought was a gun and hearing words to the effect that he and his son were about to be killed, [the victim] was in sustained fear for his and his son's life." (Id. at p. 1348.)