That scenario would likely meet all the criteria listed above and could potentially result in a conviction. Call us now at Criminal threat is a wobbler crime, which means it can be charged as either a felony or a misdemeanor. It will be up to the prosecutor to decide which type of charges to bring. The specific circumstances of your case and any prior criminal history you have will all be factors in determining the severity of the charges brought against you.
If you have been accused of making a criminal threat against someone else, you should immediately speak with an experienced criminal defense attorney. For a free consultation about your case, please contact our office today. Example 2: In the same situation, Phil holds his hand in his pocket to make it look as if he is carrying a gun. Bang bang. This could be a criminal threat.
Depending on the facts of the case, this could happen over a minute timeframe, or it could be 15 days. The prosecution simply needs to show that the fear was sustained beyond the moments of the encounter. As for what this actually means — the threat and the circumstances around it simply have to convince the recipient that the person making the threat has plans to follow through.
Example: Mike is arrested and convicted of a robbery. His accomplice, Bob, testifies against him and avoids jail time. Courts have also found that empty threats can be criminal threats. All that matters is the threat was made in such a way to make the recipients believe that it would happen.
Example: Ana and Brad are high schoolers, who are dating. Ana breaks up with Brad over text messaging. There are a number of elements that the prosecution will need to prove in order to convict you.
You should never face a criminal charge without the assistance of a local criminal defense attorney who is experienced with the criminal justice system in your area. An area attorney who knows local courts and prosecutors, and who understands the legal requirements of the criminal threat laws in your state, is the only person qualified to give you advice about your case. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Market Your Law Firm. Lawyer Directory. Call us at 1 Criminal Threats. Communication A criminal threat involves one person threatening someone else with physical harm.
Fear and Intent Criminal threats are made with the intention to place someone in fear of injury or death. Specificity and Reasonableness You cannot commit a criminal threat if the threat is vague or unreasonable. Assault The crime of assault , in some states, is very similar to criminal threats.
Penalties A court can impose several possible penalties on someone who was convicted of making criminal threats. Prison or jail. Anyone convicted of making a criminal threat faces a substantial time in jail or prison.
A misdemeanor conviction can result in up to a year in county jail, while felony convictions can impose sentences of five years or more. In some instances, a terrorist threat can result in a sentence that lasts decades.
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