Criminal Threats

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by Mark Theoharis

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Even though the Constitution guarantees the right of free speech, that right is not an
absolute one. The law has long recognized specific limitations when it comes to
speech, such as prohibitions against slander and libel. In some situations, speech can
even constitute a crime, such as in the case of criminal threats. A criminal threat,
sometimes known as the terrorist threat, malicious harassment, or by other terms,
occurs when someone threatens to kill or physically harm someone else.
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Communication

A criminal threat involves one person threatening someone else with physical harm.
The threat must be communicated in some way, though it doesn't necessarily have to
be verbal. A person can make a threat through email, text message, or even through
non-verbal body language such as gestures or movements. However, some states
require written or verbal threats, and in those states gestures are not enough.

Fear and Intent

Criminal threats are made with the intention to place someone in fear of injury or
death. However, it isn't necessary for a victim to actually experience fear or terror.
Rather, it's the intention of the person making the threat that matters. The intent of a
person who makes threats is usually determined by the circumstances surrounding the
case.

Specificity and Reasonableness

You cannot commit a criminal threat if the threat is vague or unreasonable. The threat
must be capable of making the people who hear it feel as if they might be hurt, and
conclude that the threat is credible, real, and imminent. If, for example, you threaten
to blow up the world unless your bartender doesn't bring your drink to you
immediately, no reasonable person hearing it would believe the threat was real. On the
other hand, if you walk into a store with a gun and threaten to shoot the clerk unless
she gives you a refund, such a threat is credible and specific.

Assault
The crime of assault, in some states, is very similar to criminal threats. An assault
occurs when a person either attempts to physically injure someone else, or uses threats
of force accompanied by threatening actions. Words alone are usually not enough to
commit an assault, and some sort of physical action is typically required. For example,
threatening to punch someone is usually not an assault. However, making the threats
and then approaching the person in a threatening manner does qualify as assault. So,
the same conduct that is considered a criminal threat in one state may be classified as
an assault in another.

Penalties

A court can impose several possible penalties on someone who was convicted of
making criminal threats. Depending on the state, a criminal threat can be charged as
either a misdemeanor or felony offense. While felony offenses are more serious than
misdemeanors, either of them can result in incarceration, fines, and other penalties.
Prison or jail. Anyone convicted of making a criminal threat faces a substantial
time in jail or prison. A misdemeanor conviction can result in up to a year in
county jail, while felony convictions can impose sentences of five years or
more. In some instances, a terrorist threat can result in a sentence that lasts
decades.
Fines. The fine for making criminal threats also varies depending on the state
and the circumstances of the case. A misdemeanor conviction might bring a
fine of up to $1,000, though more is possible in some situations. Felony
convictions can have fines that exceed $10,000.
Probation. A court may sentence someone convicted of making criminal
threats to probation. Probation typically lasts at least 12 months, during which
time you must comply with specific probation conditions. Common conditions
include maintaining employment, asking the court or your probation officer's
permission before you move or leave the state, and not committing any more
crimes.

Speak to a Lawyer
Being charged with making a criminal threat is a very serious situation. You need to
speak to a criminal defense lawyer any time you are charged with a crime, especially
one as serious as making criminal threats. Laws differ significantly among states,
though any conviction will impose significant consequences. You should never face a
criminal charge without the assistance of a local criminal defense attorney who is
experienced with the criminal justice system in your area. An area attorney who
knows local courts and prosecutors, and who understands the legal requirements of
the criminal threat laws in your state, is the only person qualified to give you advice
about your case.

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