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New Jersey Terroristic Threat Lawyers

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Terroristic Threat Charges In New Jersey

The offense of terroristic threats is on the rise in New Jersey and is becoming one of the most common offenses that people are alleged to commit. A person is said to be guilty of committing terroristic threat if he threatens to commit a violent crime against another person in order to (or with reckless disregard to) terrorize him or her, or to cause the evacuation of a place of assembly, building or public transport.

Also, a person could be charged with terroristic threats if he or she threatens to kill another person in such a way that the threatened person believes that the threat could indeed be carried out.

Terroristic threats are taken very seriously in the state of New Jersey

Years ago, if someone cut you off on the highway, or you engaged in trash talk with a rival at your child’s football game, for example, heated words could be exchanged with flared tempers, but rarely did the police get involved. In the post 911 era, however, threatening to “punch someone’s lights out” could land you in jail, facing the very serious charge of terroristic threats.

There are three conditions that need to be fulfilled in order to be found guilty of committing the offense of terroristic threats:

    1. Making a threat

    1. Threat must be to commit a violent offense against another individual

    1. The purpose must be to “terrorize” or should be in reckless disregard the reaction of the third party.

If any of these three conditions are not met, more than likely an individual cannot be convicted of the offense of terroristic threats. Further, the threat to “kill” someone must also make the other person believe that threat can be carried out. Therefore, if you threaten to “kill” someone and the other person does not believe your threat, then this cannot be considered a valid ground for such a charge.

Ordinarily the offense of terroristic threat is a third degree crime, however if carried out during a state of emergency, it becomes a second degree crime. It will not matter whether you were aware of the emergency or not.

Case Study

Multiple Municipal Court Charges Dropped

The defendant was charged with several moving violations, including driving while intoxicated (D.W.I.) in violation of N.J.S.A. 39:4-50 and refusing to submit to a breath test in violation of N.J.S.A. 39:4-50.4a. The attorneys of Aiello, Harris, Abate Law Group PC filed a motion to dismiss the refusal for failing to inform the defendant of all penalties.

Penalties if Convicted

3rd Degree Crime : As mentioned above, most crimes of terroristic threats are 3rd degree crimes which carry penalties of:

    • 3 to 5 years in prison

    • Up to a $75,000 fine

2nd Degree Crime : However, if the crime takes place during a national, state or county emergency then the crime will be upgraded to a 2nd degree crime which carries penalties of:

    • 5 to 10 years in prison

    • Up to a $250,000 fine

 

Don’t allow a charge of making terroristic threats ruin your future

The prosecution will aggressively pursue their case against you, so don’t take chances with your defense – your future depends upon it. Contact the former prosecutors on the New Jersey criminal lawyers at Aiello, Harris, Abate Law Group PC.

Contact us today

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

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