New Jersey Terrorist Threats Defense Lawyer
If you threaten to commit a crime of violence with the purpose of putting another person in fear, or to cause people to evacuate a building, you are making a ‘terrorist threat’. It is the purposeful or reckless disregard of the risk that the threat will cause the fear, or cause the inconvenience of forcing the people to leave the building that makes the threat a crime. Merely causing a person to become frightened is not sufficient; the person must be alarmed that their safety is at risk.
If you are charged with the crime of Terroristic Threat, contact a lawyer who specializes in criminal defense to discuss what steps you can take to protect your rights and your freedom. Contact Howard Bailey at 973-982-1200 for a free consultation.
When Charged with Threatening to Commit a Crime
It is not uncommon in our society to hear someone threaten to punish or hurt someone for not doing what they are told to. Unfortunately, if you make a threat and say something like ‘I’ll kill you! and the victim believes you have the ability and immediate intent of killing them that your threat becomes the basis for this type of charge. The defense of this type of crime must focus on several factors, such as the potential for causing fear or alarm.
In a recent case, Howard Bailey represented a client who told his wife who had just kicked him, ‘If you do that again, I’ll kill you.’ Mr Bailey successfully argued that there was no reason for the victim to reasonably believe that the threat was going to be carried out, because she would have to kick him again before his threat would take effect. The client’s case was resolved by diverting the matter into PTI, without a guilty plea.
Words that Reasonably Convey Fear of Immediate Action
The threat must be made under circumstances which reasonably cause the ordinary person hearing them to believe that the immediacy of the threat, and that the threat will be carried out. The defendant must have the present apparent ability to cause the death or injury. It does not matter that the victim is a very timid person, or one who is readily frightened.
If you are charged with making a threat of this type, contact an experienced criminal defense lawyer to see what steps need to be taken to protect your freedom. Call Howard Bailey at 973-982-1200 for a free consultation.