Union Township NJ Terroristic Threat Attorney
There are any number of ways an encounter can mushroom into a terroristic threat offense in Linden, Union Township or elsewhere in Union County. The most common scenario is someone threatening to kill their ex, a spouse, police officer, teacher or some other individual. If you were arrested and charged with making a terroristic threat, you need to discuss your case with a knowledgeable attorney since you are facing an indictable criminal offense at the Elizabeth NJ Superior Court whether the charge was initially filed in Cranford, Westfield or Rahway. The reason is because a terrorist threat violation is a crime of either the second degree or third degree and charges falling within these grades can only be handled at the Superior Court. The lawyers at Marshall Bonus Proetta & Oliver have considerable experience defending clients at this court and, in many cases, also have extensive time serving on the opposite side as prosecutors. To speak to an attorney on our staff immediately, contact our Union NJ Office at908-272-1700.
Charged With Threatening To Kill Or Hurt Someone?
When someone attempts to intimidate another by putting them in fear of bodily injury or death, it can result in a terroristic threat offense. This charge is something to taken seriously as it always involves a indictable crime, a felony, typically of the third degree. As such, this offense is supposed to result in 3-5 years in state prison if you are convicted. The flip of all of this is that our attorneys are successful in more cases than not in avoiding a conviction to a terroristic threat charge. Call us for a free consultation at 908-272-1700.
What You Need To Know About The New Jersey Terroristic Threat Law
In accordance with N.J.S.A. 2C:12-3, titled “Terroristic threats”, you can face either a second degree or third degree crime. An individual commits a third degree crime under 2C:12-3 if he/she threatens to:
[C]ommit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.
. . . . .
[K]ill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carrier out.
As you probably noted from this statute, there are basically two pedigrees of terroristic threat that can result in a third degree crime. The first way is where there is a threat to commit a crime of violence. The elements of this form of terroristic threat include:(1) a threat; (2) to commit violence; (3) made with the purpose to terrorize, cause evacuation of a building, place of assembly, facility of public transportation, or otherwise to cause serious public inconvenience. The second way to commit this violation is to threaten to kill someone. The prosecutor must prove the following in order to obtain a conviction for this form of terroristic threat: (1) a threat; (2) to kill another person; (3) with the purpose to cause imminent fear of death or under circumstances that would lead a reasonable person to believe that there was an immediate threat with a likelihood of being carried out.
Grading, Sentencing & Penalties
A terroristic threat is a third degree crime except where the offense is committed during a declared period of national, State, or county emergency, in which case it is a second degree crime. The jail exposure for a second degree terroristic threat is up ten (10) years and up to five (5) years for a third degree terroristic threat. The possible fine is $150,000 for a second degree and $15,000 for a third degree.
Union County NJ Terroristic Threat Defense Attorneys
If you have been accused of making a terroristic threat, whether it is in conjunction with an incident of alleged domestic violence or some other scenario, you need to hire the best defense attorneys you can identify. Representation by a skilled lawyer is of upmost importance for those wanting every opportunity to escape a conviction. A lawyer at our Union County Criminal Firm has the tools to help you defend the terrorist charge that was made in Roselle, Scotch Plains, Plainfield, Hillside, Springfield or or another Union County municipality. To speak to an attorney at our office immediately, call 908-272-1700.