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Terroristic threats is a serious charge in the state of New Jersey. If you have been accused of making a terroristic threat, a Rosenblum Law criminal defense attorney can develop effective defense strategies and represent you in court. Our attorneys can also negotiate for reduced sentencing terms. Contact us today for a free consultation.
In this guide, we explain what the charge of terroristic threats entails, common defense against the charge, and the need for an attorney to argue on your behalf.
Understanding Terroristic Threats in New Jersey
Definition and Legal Framework
Under Section 2C:12-3 of the New Jersey State Code, a terroristic threat is a threat of a crime with the purpose of terrorizing another; causing the evacuation of a building, assembly, or facility of transportation; or otherwise causing public inconvenience.
Elements of the Crime
To be convicted of terroristic threats, one must:
- Have intent to terrorize or cause an evacuation
- Communicate this threat effectively
- Do or say something that is reasonably perceived as a threat by the victim
Potential Penalties and Consequences
There are a variety of potential penalties and consequences that can result from being convicted of terroristic threats.
Criminal Penalties
Terroristic threats is a crime in the third degree. This is a felony charge that comes with potential jail time of 3-5 years and a fine of up to $15,000.
If the terroristic threats are made during a time of national, state, or county state of emergency, the crime is elevated to the second degree. This felony charge comes with potential jail time of 5-10 years and a fine of up to $150,000.
Collateral Consequences
Being convicted of making a terroristic threat results in a felony criminal record. Felons can face many hardships, such as difficulty finding a job or obtaining a professional license. For non-citizens, being convicted of a felony could result in deportation or cause delays in legal immigration avenues. Finally, being labeled a felon comes with a negative stigma by society at large. It can also affect personal relationships.
Legal Defenses Against Terroristic Threats Charges
There are a variety of legal defenses that can be used to fight terroristic threats charges.
- Lack of Intent: The prosecution must prove that there was intent to terrorize someone or cause an evacuation. One may be able to prove the absence of such intent.
- Ambiguity of the Threat: The prosecution also must prove that the terrorist threat was communicated as such to the victim. This can be challenged by demonstrating that the threat was not clear or specific.
- Freedom of Speech: It is possible that what was perceived as a threat was simply a matter of opinion. In these cases, one may be able to argue that the “threat” was really protected speech under the First Amendment.
- False Accusations: In some cases, no threat was issued and the charges are false.
An attorney can best evaluate the facts of the case and determine the appropriate defense strategy.
How an Attorney Can Help Someone Accused of Terroristic Threats in New Jersey
An attorney can help someone accused of terroristic threats in New Jersey in a number of ways. They will help throughout the entire legal process.
- Initial Consultation: During the initial consultation, the attorney will evaluate the case and explain their client’s legal options. They will ask many questions about the facts of the case to give the best possible legal advice.
- Investigation: The attorney will conduct a thorough investigation of the incident, gathering evidence and witness statements. This is important for determining an appropriate defense.
- Legal Strategy: The attorney can develop a strong defense strategy tailored to the facts of the case and available evidence.
- Court Representation: The attorney will represent their client in all court proceedings, presenting evidence and arguments to support the defense. Among other things, they will question and cross-examine witnesses. The attorney can negotiate with prosecutors for reduced charges, probation, or dismissal.
It is very important to have an experienced criminal defense attorney on your side if you have been accused of terroristic threats. Only an experienced attorney has enough knowledge of the law and court procedures to mount an effective defense and negotiate with prosecutors for reduced charges.
Steps to Take if Accused of Making a Terroristic Threat
- Immediate Actions: The first thing one should do when accused of making a terroristic threat is to contact a qualified criminal defense attorney. Avoid self-incrimination by speaking to law enforcement without legal representation. An attorney should be present during all conversations with law enforcement.
- Pre-Trial Preparation: The attorney will handle much of the investigation and evidence gathering to build a defense. The client must cooperate with their attorney throughout this process, providing details of the case as needed. It can reduce costs if the client helps gather evidence and identify witnesses who can support their case.
FAQs
A terroristic threat in New Jersey is a threat of crime or violence that is intended to terrorize another individual or cause an evacuation of a public place. To be a terroristic threat in New Jersey, the threat must be made with intent, communicated effectively to the victim(s), and be perceived as a terroristic threat by the victim(s).
An attorney can often negotiate with the prosecutor for reduced or dismissed charges based on the facts of the case.
If there is no intent to terrorize someone else or cause the evacuation of a building, then there is no grounds for a charge of making terroristic threats. Arguing lack of intent is a common defense strategy in terroristic threat cases.
Contact a criminal defense attorney right away. The attorney can assist in gathering evidence and witnesses to prove that you have been falsely accused.
The duration of the legal process for a terroristic threats charge depends on the case and the court’s trial schedule. If the attorney is able to negotiate with prosecutors for reduced charges and penalties, the process can be relatively swift. If the case goes to trial, it can take several months or even longer.
Yes. However, often a freedom-of-speech defense can be used to argue that no crime was committed.
You should avoid talking to law enforcement without an attorney present. Also avoid making any public statements online or on social media. Do not discuss the case with anyone other than your attorney and witnesses.
A felony conviction such as terroristic threats can impact your future in a number of ways. In particular, it can make it harder to find a job, because the conviction will appear on any background check a potential employer runs. A felony conviction can also make it more difficult to find housing, obtain a loan such as a mortgatge, and pursue educational degrees.
The good news is that in some instances, the records of the arrest and conviction can be expunged.
Contact Rosenblum Law Today
If you are accused of making terroristic threats, it is important to fully understand these charges so you can mount a proper defense. The consequences of a conviction are severe and long-lasting, and professional legal representation throughout the legal process is crucial.
Rosenblum Law criminal defense attorneys have extensive experience in defending clients against terroristic threats charges. Contact us today for a free consultation and case evaluation.
Last updated: Oct 2, 2024
