Lustberg Law Offices, LLC

Defending Against Terroristic Threats Charges in New Jersey

New Jersey takes a serious view of any threats made against people, whether the words are spoken or written. Whether the threat is real or not, if it causes fear in another person, you can be charged with a criminal offense called terroristic threats. A terroristic threats lawyer is experienced in defending clients against these types of accusations. If you’ve been accused of terroristic threats, it is vital to contact a seasoned terroristic threats lawyer right away to discuss your case and possible defenses.

Most cases of terroristic threats are a result of an argument between people that escalates out of control. Road rage incidents, neighbor disputes and other heated exchanges between loved ones often turn into criminal charges when inappropriate threats are made in the heat of the moment. This is because threatening violence in the context of anger is taken very seriously in the state of New Jersey. If you’ve been accused of making terroristic threats, a terroristic threats lawyer will review your case with you and help you fight the allegations.

To be convicted of terroristic threats in the state of New Jersey, you must have intended to cause a person to feel imminent fear of harm or death. If your intention was to inflict damage to property or other physical injury, it also qualifies as a terroristic threat. Additionally, threats to evacuate a building or cause serious public inconvenience qualify as terroristic threats under the law. The statute also elevates this offense to a second degree crime when it’s committed during a period of county, state or national emergency.

As a terroristic threats lawyer, it’s their job to cast doubt on all of the elements required for conviction. If there is any way to make it seem like you did not intend to carry out the violent act, or that you did not mean your words to instill fear in the victim, they can win this case.

The key is to choose a terroristic threats lawyer who can investigate your case and find every possible defense. A terroristic threats lawyer is committed to fighting for you and your rights, regardless of the circumstances surrounding your arrest. They will work diligently to prove that your statements were not serious and that they did not incite fear in the other party. In most cases, terroristic threats are verbal and were made in the heat of the moment. That means that the prosecution will have a tough time proving their case. In addition to this, they will also use every opportunity to show that the other party misinterpreted what was said or took it out of context. To do this, they may present evidence that shows the other person was not actually threatened at all and that your statement was not a direct threat of violence. This could include video footage or other witnesses who can corroborate the facts of your case. 

A Defense Lawyer for Terroristic Threats Cases in New Jersey

Terroristic threats are very serious offenses in New Jersey. They are graded as a felony under NJSA 2C:12-3 and if convicted, you could face substantial prison time and fines. A conviction can also strain personal relationships and interfere with your career. A qualified terroristic threats lawyer is crucial in these types of cases. If you are charged with terroristic threats, you should immediately contact an experienced terroristic threats lawyer to protect your rights and fight for you.

The essential elements of the offense are that you knowingly make a threat to harm, damage or injure another person or property with intent to terrorize them. This may be done verbally or in writing. You can also be charged with this offense if you threaten to cause a public inconvenience or evacuation during a period of national, state or county emergency. For second degree charges, you must have specific intent to place the victim in immediate fear of death. You must also have acted with reckless disregard of the risk that the victim would react in this manner.

Most cases involving terroristic threats are related to domestic violence or overlap with restraining orders. This is because threatening violence to a household member, family member, romantic partner, spouse or someone that you have a child with makes you a potential victim of the Prevention of Domestic Violence Act and can lead to restraining orders. However, this type of case can also occur between people that do not know each other such as in road rage or alcohol fueled arguments.

In most cases, the state will charge you with a third degree crime as defined in NJSA 2C:12-3. This crime carries a possible jail sentence of three to five years in prison. However, if you have no prior criminal record and are eligible for the first time offender diversionary program known as Pre-Trial Intervention (PTI), then your case may be dismissed upon completion of a period of supervised probation.

The best way to protect yourself against a terroristic threats charge is to have an aggressive and knowledgeable New Jersey terroristic threats lawyer by your side. A terroristic threats lawyer is committed to fighting for you. They will do everything in their power to prove that your accuser took your words out of context or misunderstood them and that the statements were not a true threat. A terroristic threats lawyer will do whatever it takes to defend you against this serious charge. 

Understanding Terroristic Threats Charges in New Jersey

Many people are surprised to learn that if you threaten another person to harm them or their property and they report it to the police, you can be charged with the criminal offense of terroristic threats in New Jersey. The penalties are serious. If convicted, you could be sentenced to up to three to five years in prison and have a felony conviction on your record. This is why it is important to have a knowledgeable and skilled terroristic threats lawyer on your side as soon as possible.

Generally speaking, under New Jersey law, terroristic threat charges are brought if you make a verbal or written threat of violence against another person and they believe it is serious enough to cause them fear or terror. In addition, this crime can also be committed if you are convicted of a first-degree or second-degree violent crime and there is a connection between the two crimes. Consulting with a terroristic threats lawyer can provide clarity and defense strategies in such complex legal scenarios.

In order to convict someone of this crime, the State must prove that the accused intended to terrorize the victim by making the specific threat. This includes a serious threat of death or a threat to injure the victim seriously and that the victim believed that you had both the ability and the intention to carry out the crime. A terroristic threats lawyer will scrutinize these elements closely, aiming to undermine the prosecution's case by highlighting any lack of evidence or intent.

Many of these threats are made in a heated moment, and they often arise from car or sports disputes. In the past, if you cut somebody off on the highway or engaged in some trash talk with a rival parent at your child’s football game, it was common for the local police to simply step in and defuse the situation without charging anyone. In the post-9/11 world, however, it is much more common for these types of exchanges to result in criminal charges if the accused threatened to punch a rival in the face or burn down their house. A terroristic threats lawyer understands the heightened sensitivity around such charges today and can work to demonstrate that your words were not intended as genuine threats.

Given the serious consequences of a terroristic threats conviction, including potential prison time and substantial fines, it is crucial to have a knowledgeable terroristic threats lawyer on your side. They can challenge the credibility of the victim's fear and the supposed intent behind the threat, striving to secure the best possible outcome for your case.

Engaging a skilled terroristic threats lawyer from the outset can significantly impact the trajectory of your case. Whether negotiating with prosecutors, questioning the validity of evidence, or preparing for trial, a terroristic threats lawyer will provide essential legal guidance and defense strategies to protect your rights and future.

A skilled New Jersey terroristic threats lawyer will take the time to understand your case and examine all of the evidence against you, including any letters or other writings that may have been used by your accuser to support their allegations. Having this information will allow your attorney to create a powerful and effective defense strategy for you.

Terroristic threats charges are considered a third-degree felony in New Jersey, which carries a potential prison sentence of up to five years and fines of up to $15,000. If convicted, your criminal record will also show that you have a felony conviction on your record and this can lead to civil rights issues, such as losing the right to own firearms or vote in elections.

The good news is that if this is your first time being charged with a criminal offense, you may be eligible to apply for pretrial intervention (PTI). This program offers the opportunity to avoid a conviction if you complete a year of probation. However, this is a discretionary decision on the part of the judge in your case and an experienced terroristic threats lawyer can help you make the best arguments for PTI eligibility. 

Lustberg Law Offices, LLC

Lustberg Law Offices, LLC

One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States

(201) 880-5311