The term terroristic threats seems to inherently make people think of terrorists. We don’t realize that terroristic threats can refer to “domestic terrorism” in the form of threats to enemies, friends or even family members. If you get caught up in the moment and forget to filter what you say, you could end up being arrested and charged with terroristic threats. Whether or not you intend to act on these threats or if you simply were blowing off steam, police will still place you in custody and process you on criminal charges. If the incident occurred in a domestic dispute, you may also be served with a temporary restraining order and immediate removal from your home. If you have been charged with terroristic threats In the heat of the moment, sometimes people say things they wish they could take back but unfortunately, sometimes they can’t. As you will see below, a Defendant will be charged with terroristic threats, simple assault, aggravated assault, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, harassmentor disorderly conduct, contact the criminal trial attorneys at Proetta, Oliver & Fay. We represent clients charged criminally in Burlington County as well as in restraining orders.
If you were charged with terroristic threats in Burlington Township, New Jersey, then you must look to N.J.S.A. 2C:12-3 for the relevant language on what constitutes a “terroristic threat”. A close reading of N.J.S.A. 2C:12-3 tells us that there are two sections to terroristic threats: N.J.S.A. 2C:12-3(a) and N.J.S.A. 2C:12-3(b). These sections are broken down as follows:
N.J.S.A. 2C:12-3(a) This section involves a “threat to commit a crime of violence with the underlying purpose to”:
Terrorize another or in reckless disregard of the risk of causing such terror;
Cause an evacuation of a building, place of assembly or facility of public transportation or in reckless disregard of the risk of causing such evacuation; OR
Otherwise cause serious public inconvenience or in reckless disregard of the risk of causing such inconvenience.
N.J.S.A. 2C:12-3(b) This section involves a “threat to kill another person with the the underlying purpose to put another in imminent fear of death and the threat was made under circumstances which would reasonably caused the person to believe that the threat was likely to be carried out.”
Will I Go To Jail for Terroristic Threats in NJ?
If you received a summons complaint or warrant complaint, then you may see on the formal charge that terroristic threats is a third degree indictable offense. In New Jersey, a third degree felony carries a term of imprisonment between three (3) and five (5) years in a NJ State Prison, a felony criminal record, probation and a $15,000 fine. Depending on your criminal history and the circumstances of your case, you may be eligible for a diversionary program like Pretrial Intervention (PTI) that could ultimately result in the dismissal of your charges entirely. For more information on whether you are eligible for PTI and how we can convince the Court to permit you to enter the program, please contact our Burlington County office today.
If, however, the crime was committed during a state of emergency, a second degree crime comes with a five (5) to ten (10) year prison sentence and up to $150,000.00 in fines. There is also a presumption of incarceration for second degree felony charges that assumes a prison sentence regardless of the defendant’s criminal history. Since the consequences are serious, do not take any chances with your freedom.
Terroristic Threats Attorney in Mount Laurel NJ
Terroristic threats is a serious criminal felony offense in New Jersey. You are facing the possibility of a lengthy prison sentence, a $15,000 fine, possible Final Restraining Order and a criminal record. The criminal trial attorneys at Proetta, Oliver & Fay have represented countless individuals charged with terroristic threats,simple assault, harassment, stalking and possession of a weapon for an unlawful purpose throughout New Jersey. To speak with firm partner and former New Jersey Deputy Attorney General, William C. Fay, IV, please contact our office directly at (609) 850-8284 today.
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Burlington Office
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
Hamilton Office
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
Middletown Office
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only