New York (Washington Insider Magazine) — Threatening someone can be considered illegal but it depends on the context of the conversation. There are situations when threatening someone might be illegal. If you are having a conversation with someone close to you and you threaten to strangle them out of anger, you might not be held accountable for making a threat.
However, if you threaten just an acquaintance or an unknown person and combine your threat with physical harm then this could get you charged with a penalty. Any kind of threat that involves malicious intent, is classified as a criminal threat. You might suffer serious penalties if you make a criminal threat to someone.
Is It Illegal to Threaten Someone?
Yes, it is illegal to threaten someone. A criminal threat made verbally is a crime. However, if the threat is made as a joke or with no intention of causing any physical harm to someone then this will not result in serious consequences. If you threaten someone with physical harm, then this will fall under the Class C misdemeanor and you will be charged with an Assault by Threat. If the plaintiff takes legal action, then you might end up in trouble. Freedom of speech rights doesn’t allow you to threaten people so it is best to get involved in any such activity.
What Is Considered a Criminal Threat?
A criminal threat is a type of threat involving physical harm. Making a criminal threat to someone else is an illegal offense and you can get charged for it. The criminal threat must be made more than once the time is considered a criminal offense. Certain elements must be considered to make the threats classified as criminal threats.
What Are Some Examples of a Criminal Threat?
Criminal threats include terroristic threats and criminal harassment. These types of threats are menacing and have violence involved causing bodily harm. Although most criminal threats are only verbal and are made in writing or using digital platforms of communication all these threats can also be classified as criminal threats. Threats made using social media platforms like Instagram, Facebook, and Snapchat are classified as criminal threats as well.
What if You A Threat Is Made Without Any Intention of Carrying It Out?
Even if it is an empty threat and the person has no intention of carrying it out, it can still land you in trouble. Issuing a criminal threat can make the victim feel scared. It can hurt the victim seriously even if the crime has not been committed.
If words have a lot of power while making the threat then it becomes a convincing threat, and this can be charged with this particular crime. If you don’t have a serious intention of harming someone but threaten them out of anger such types of threats will not get you charged with a serious crime.
What Is The Conviction Of Issuing a Criminal Threat?
You may get charged if the criminal threat meets the following elements:
- The threat is made during communication and is issued in verbal form or writing. The threat is communicated specifically or unequivocally.
- The threat is made with an intention and the statements prove to be a serious threat.
- The threat is specific and relays a serious message to the victim. The victim is convinced that the threat will be carried out. Criminal threat leaves no doubt in the victim’s minds and makes them feel they are not safe. The words used are of a threatening nature
- The victim experienced fear and any reasonable person would believe that the threat will be carried out
How Are Criminal Threats Charged?
Criminal threats are classified as a misdemeanor or felonies. People don’t want to get any charges on their records, so it is better to be charged with a misdemeanor than with a felony. A misdemeanor charge has only minor penalties and can keep the person in for one year in jail. A felony charge can keep the criminal in jail for two to three years.
Do Penalties Worsen If A Criminal Is Charged With A Misdemeanor Criminal Threat?
When a criminal threat charge is a misdemeanor, certain elements are leading to harsher punishments and penal codes. Some of these factors include:
- If you made a threat using a deadly weapon and made the victim believe in your threat
- If you repeatedly harassed the victim and are fearful for their safety
- If you threatened the victim with a prejudice
What Are Defenses That Can Be Used Against a Criminal Threat Offense?
You will not be guilty of a criminal threat offense because you have been charged. The person can consider getting several defenses that can change the decision of the jurors. Some common defenses used against criminal threat offenses include:
- The threat was not specific and immediate harm did not occur. If it is a conditional threat and is too vague and does not state that the carried out
- The fear felt by the victim was not serious. If the threat indicates that it is impossible to perform it
- The threat doesn’t have any proof in the writing and were not verbal threats. If the threat was a hand gesture
- The victim has made false allegations. Victims may have not been threatened and are using the law to seek vengeance. Some people feel that charging someone with a threat is easy but doing so might not be easy because the prosecutor has to prove the defendant is guilty
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How Can A Criminal Defense Lawyer Help A Convict?
Criminal defense lawyers provide legal assistance that will help you to avoid being charged with a criminal threat. A skilled lawyer makes sure that you avoid facing any serious legal consequences. You can get in touch with an experienced criminal defense attorney and get the case evaluation and a free consultation with them. It is important to find a reliable and experienced criminal defense attorney as he can help you to get away with the charges of carrying out the threat.
