In the current climate of political unrest, it’s no surprise that prosecutors are going after people who make threatening statements. But that doesn’t mean that you can’t get charged with a crime if you didn’t mean to threaten anyone. In this article, we’ll go over what kinds of charges might be filed against you and how to avoid them so you can avoid jail time.
You should know that terroristic threat is a felony in most states. This means it can carry with it prison time and/or fines.
It’s also important to note that you could be charged with both terroristic threat and another crime, such as assault or harassment. For example, if someone threatened to stab someone else with a knife, but then the victim was not actually injured (for example because they were wearing body armor), this would be considered an assault charge. However, since the defendant has also threatened violence against another person using words or actions (as opposed to just thoughts), he could be charged with both crimes at once!
So what does this mean for you? First of all: don’t panic! We’re here for you—and we promise everything will turn out okay in the end.
..if only we could get those charges dropped! You can use the promise as proof that you were not making a threat. This is true even if you did, in fact, make a threat. After all, your word is your bond!
The best way to prove that you were not making a threat is by using an actual promise as evidence.
For example: “I promise never to threaten anyone again” or “I swear on my mother’s life that I don’t intend any harm toward anyone else in this town.”
Another option would be taking an oath such as “If I ever threaten someone again, may my right hand be chopped off at the wrist for all eternity.”
Make sure you have a valid defense. Before you can claim innocence, it’s important to consider what type of defense you might have. These include:
- You were joking.
- You were drunk or on drugs in some way.
- You were angry or frustrated at the time (and not just because of your boss).
Someone else provoked you into making a threat (and they were doing so with intent). There was some sort of medical condition that prevented you from understanding how serious your actions were at the moment.
If you want to avoid being charged with terroristic threats, it’s important to choose your words wisely. When talking with friends, family or anyone else in general, refrain from using any words that could be construed as threatening. For example:
- “I’m going to kill you.”
- “I’ll kick your ass.”
- “You’re a dirty cop.”
While these statements might seem harmless enough when said by someone who isn’t trying to get themselves arrested, they should still be avoided at all costs if you’re trying to avoid arrest for making terroristic threats. Keep in mind that many prosecutors will read into any statement made out of anger or frustration and use it against the defendant in court if he or she is later charged with making terroristic threats.
If you have something to offer the prosecutor, they’ll be more likely to work with you. Remember that a good prosecutor wants to win cases, but even more than that, he or she wants to keep the community safe. If your threat was made in serious jest and there is no way it will ever be carried out (or even had the potential for being carried out), then offering some kind of restitution or service can help show how sorry you are and prove your sincerity.
The first thing you should know is that the prosecutor has an agenda. In order to get your charges dropped, you need to align your own agenda with theirs. This means being polite, respectful, and honest. It also means avoiding being argumentative or too aggressive—and yes, this one’s important! It’s easy to let yourself get caught up in the heat of the moment when dealing with a prosecutor who seems totally unreasonable (they are). But remember: if you make waves too early on in negotiations, they’ll think twice about lowering your charges later on. And if you’re passive and avoidant from the start? Forget it. You might as well just plead guilty now rather than waste any more time trying to negotiate with someone who isn’t willing to meet halfway for no reason other than their own stubbornness (which may very well be related back up at another level).
What does this mean in practice? Well…
Avoid giving written statements
- Don’t write anything you don’t want to see in court.
- Don’t write anything that would be damaging to your case, like a confession or admission of guilt.
- Don’t write anything that could be used against you, like an account of the crime itself or an outline of what happened prior to calling 911 (if witnesses are present).
It is possible to get terroristic threat charges dropped. In fact, it may be easier than you think. If you’ve been charged with this crime and are looking for advice on how to proceed, I’d recommend talking with an attorney who specializes in criminal defense law. Your lawyer can help you understand your options and reach the best resolution possible given your unique situation.
You should avoid handling the situation on your own if at all possible because a terroristic threat conviction could have serious consequences for your future (even if it’s just a misdemeanor charge). A conviction could result in jail time or even prison time depending on how serious the incident was, how many times it has happened before (if any), whether or not anyone was injured during said incident/s; etc.
Before you start worrying about your terroristic threat charge, make sure to identify what kind of charge it is. A good way to do this is by looking up the statute number in our state’s criminal code. If you can’t find anything that fits, contact an attorney immediately because there might be other charges against you as well. Next, make sure that you have a valid defense for why what happened was not a threat at all.
As such, whether or not you actually intended for your words to be taken literally is irrelevant: The entire question boils down to whether or not a reasonable person would have considered them threatening enough to warrant prosecution.
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