What is considered terroristic threats

Any sort of verbal or written threat to commit an act meant to terrorize another party is defined as a terroristic threat by most state and federal jurisdictions. In many cases, the terroristic threat is assumed to be paired with the threat of a violent crime, such as assault or murder. Terroristic threat charges can also be filed against someone who acts in a way causing reasonable people to attempt to evacuate an area, or in a manner that results in a significant public inconvenience, like causing the shutdown of a major highway.

These charges are not limited to threatening individuals or groups of people. Simply threatening the well-being of property can be enough to trigger a terroristic threat charge if that threat can be perceived as intended to terrorize.

Lastly, a terroristic threat does not have to be highly specific; simply promising violence or mayhem, without listing when or where these planned events will unfold, is enough for the state or federal government to file charges. In State v. Tucker, Nebraska found that “A defendant does not have to actually commit a crime of violence, because it is the threat of violence which is at the heart of the crime of terroristic threats.”

Steep Penalties for Terroristic Threat Crimes

Nebraska Statute 28-311.01 defines Terroristic Threats as a Class IIIA Felony. Whether a terroristic threat is charged as a federal crime or a state crime is highly dependent on the specifics of the case. Some terroristic threat charges could potentially be argued down to less serious criminal violations, such as assault, by an experienced criminal defense attorney. However, prosecutors will give little leeway to people accused of terrorism and will likely push for the harshest penalties available.

Punishments that can be used against a person convicted of making terroristic threats could be:

• Lengthy incarceration, including life imprisonment for certain threats
• Heavy fines that may range well into tens of thousands of dollars
• Additional restitution paid to victims of the threat

Defense in Terrorist Threat Cases

When a person is accused of making a terroristic threat, it is likely to catch the attention of the federal government, including the Federal Bureau of Investigation (FBI). The involvement of this agency will place near-limitless resources behind the prosecution and investigators. In order to compete with such a force, the defendant may need to rely on a trustworthy and highly experienced team of criminal defense attorneys who understand how much is on the line.

Berry Law is comprised of acclaimed criminal defense attorneys, including those who hold a 10.0 “Superb” Avvo rating, those with AV Preeminent® Ratings from Martindale-Hubbell®, and even Super Lawyers® members. People accused of making terroristic threats can call Berry Law at 402.817.6550 and request a consultationwith its award-winning team of defense lawyers.

Sometimes it’s easy to forget how much weight our words carry. When someone makes a terroristic threat, it’s taken very seriously by the authorities, no matter what the actual intention was. It’s understandable because there have been many terroristic threats that actually led to the death of hundreds of people, especially within the past two decades. As such, any intimidations that can be considered terroristic will be pursued aggressively.

It’s important to work with a skilled defense team that can gather the facts and get the best outcome for your case. It’s not uncommon for a simple utterance of opinion to be exaggerated and misconstrued as a terroristic threat. It actually happens quite frequently. Your terroristic threat attorney’s job is to find out the true intention of the threat and convey it to the judge in the hope of getting your charges reduced or dropped.

What Constitutes a Terroristic Threat?

Minnesota defined a terroristic threat as any of the following actions:

• Threatening a violent act, which is either intended to cause terror, have a building or other public place evacuated, or in blatant disregard of the general public’s safety
• Telling someone that bombs or other explosives are in a specific location with the intent to instill terror in another
• Displaying a replica weapon in a threatening way

The first charge, threatening a violent act, has a broad definition. There’s a difference between saying you’re going to punch someone and saying you’re going to kill someone, but they’re both threats. In essence, a violent crime is any act that would cause substantial harm to another. Any threat intended to cause feelings of terror, whether against one person or a building full of people, will be considered a terroristic threat. For example, telling a neighbor you’re going to kill him or her for hitting your car can be considered a terroristic threat, even if you weren’t serious. 

Penalties for Terroristic Threats Are Often Severe

Penalties for terroristic threats vary depending on the severity of the charge, type of threat, and other factors. Generally, the charges will result in prison time between 1 and 5 years and fines of up to $10,000. However, Minnesota also allows for the increase of penalties by 50% when the terroristic threat indicated an intention to further terrorism. This means the threat was meant to:

• Terrorize a group of people in addition to the direct target of the threat
• Significantly interfere with the conduct or operation of a government or law enforcement entity.

A charge to further terrorism could make your five year sentence into an eight year sentence under Minnesota laws. As previously stated, terroristic threats are taken very seriously by the judicial system and often result in severe sentencing. Furthermore, having a terrorist charge on your record will stay with you for a long time and significantly impact your ability to get a job or find a place to live. Aside from an immediate seizure of any firearms you own, you’ll also lose your rights to own them and lose any professional licenses you have.

Contact an Defense Lawyer in Mankato, Minnesota

Because threats in general are so broadly defined, there are many instances where the allegations are exaggerated or completely false. That’s why it’s imperative to work with an experienced terroristic threat attorney in Minnesota who knows how to effectively convey the truth behind what actually occurred. The Knutson+Casey Law Firm in Mankato, Minnesota, is highly skilled in terroristic threat defense laws. We understand that many times, the words you say can be misconstrued or uttered in the heat of the moment. We have the time and resources necessary to dedicate to your case, and we’ll fight for your rights and your future. Contact us today to see how we can help you.

MEETING OPTIONS DURING THE CORONAVIRUS: The Law Offices of Peter Van Aulen understands your concerns regarding the spread of the Coronavirus, and now offers different meeting options to our clients and those seeking legal representation. All meetings, including initial consultations, can be handled either through the phone, FaceTime, Zoom, or in person.

The New Jersey Prevention of Domestic Violence Statute defines domestic violence as the occurrence of one or more specified acts. Those acts include some crimes that may sound familiar, such as homicide, sexual assault, stalking, and harassment. However, the lesser-known act of “terroristic threats” is also included in the list of acts that constitutes domestic violence.

Under the New Jersey Terroristic Threat statute, a person is guilty of the crime of terroristic threats if he or she threatens to commit a crime of violence with the purpose to terrorize another. Additionally, a threat with a purpose of causing evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience is also a terroristic threat. Finally, a threat to kill another person with the intent to put the other person in imminent fear of death under circumstances reasonable causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out is a terroristic threat.

An easier to understand definition of a terroristic threat is a threat of violence, either written or verbal, that reasonably causes serious fear or terror to the victim. An example is where person A verbally threatens to kill person B, and person B believes the threat to be real and is therefore terrified. It is important to understand that the terroristic threat statute is not intended to address short-lived expressions of anger (such as things said in the “heat of the moment” that are not truly meant), but rather it addresses very serious threats of violence.

The main issue in understanding terroristic threats is the reasonableness of the fear to the victim. A court will apply a reasonable person standard, asking itself, “Would a reasonable person in the same circumstances as the victim in the case believe the threat to be serious and imminent, and be fearful as a result?” In determining whether a threat rises to the level of a criminal terroristic threat, the court will look at the specific facts of each case to determine if the threat was a serious one and if the response of the victim was a reasonable one.

Threats of physical injury on the victim, including threats to kill a person, are covered by the statute. Additionally, threats to injure or kill a person other than the victim (family member, romantic partner, etc.) may be considered terroristic threats. The threat does not have to be against a person, however. Threatening to damage property of interest to the victim may also be a terroristic threat.

Any domestic violence case has serious implications for both the victim and the accused. The specific circumstances and facts of each case are of the utmost importance in cases of terroristic threats. If you find yourself involved with a terroristic threat case, call the Law Offices of Peter Van Aulen at 201-845-7400 for a consultation on your case today.

N.J.S.A. 2C:12-3 - Terroristic Threats

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