If you are accused of Communicating Threats in North Carolina, it is important to understand the charge and what you can do about
To be clear, communicating threats is a serious criminal allegation. It is sometimes related to issues involving Domestic Violence, assault, and other criminal charges.
In this blog post, we will discuss the definition of Communicating Threats, the potential penalties, some strategies for defending against the charge, and why we think it makes sense to retain a defense lawyer in Durham.
The Law
In North Carolina, Communicating Threats is defined in NCGS 14-277.1.
The statute makes it illegal to:
- Threaten to injure someone physically
- Threaten injury to someone’s spouse, child, or sibling
- Threaten to damage the personal property or real property of another person
How may the Threat be communicated?
Communicating threats may be accomplished in different ways.
It is not limited to telling someone in person, “I’m going to hurt you.”
For example, Communicating Threats in North Carolina includes threats that are:
- Communicated to the alleged victim in writing, orally, or by “any other means.”
Other means may include communications by email, texts, social media platforms, messenger applications, etc.
It’s important to understand that there is a multi-step analysis of Communicating Threats Charges.
Any threat must be made under circumstances and in a manner that would cause the alleged victim to believe the threat is likely to be completed or “carried out.”
Such a threat would cause a “reasonable person” to believe the threat and that is likely carried out AND that in the instance before the Court, the alleged victim believed the threat would be carried out.
Is a Conditional Threat illegal?
Sometimes, a conditional threat is illegal.
For example, if you threaten to kill your boss unless he gives you a raise, that could be considered Communicating Threats in North Carolina.
However, if you make a joke about wanting to hurt someone and they don’t take it seriously, then you have not committed the crime of Communicating Threats.
What are the Penalties for Communicating Threats?
Communicating Threats is a Class 1 misdemeanor in North Carolina.
The maximum punishment is up to 120 days in jail.
Are there defenses to Communicating Threats charges?
Yes, there are defenses to Communicating Threats.
The most common defense is that the defendant did not actually make a threat.
There must be some evidence that the accused communicated a threat. This can be difficult to prove if the accused made the threat orally or in a text message or email.
Another defense is that the defendant did not intend to threaten the victim.
For example, if you made a joke about wanting to hurt someone and they don’t take it seriously, then you have not committed the crime of Communicating Threats.
A third defense is that the alleged victim did not believe that the threat would be carried out.
This can be difficult to prove, but if the alleged victim did not believe that the threat would be carried out, then the Defendant (the person charged with the criminal offense) ordinarily would not be deemed be guilty of Communicating Threats.
Do I need a lawyer?
If you have been charged with Communicating Threats in North Carolina, it is important to talk to an experienced criminal defense lawyer as soon as possible.
An experienced criminal defense lawyer will be able to review the facts of your case, investigate the allegations, and develop a defense strategy that is tailored to your specific situation.
If you have been charged with Communicating Threats, contact us today for a free consultation. We will review your case and advise you of your legal options.
How do Criminal Defense Lawyers help?
Criminal defense lawyers help their clients by investigating the allegations, interviewing witnesses, and reviewing evidence.
In some cases, obviously depending on the fact pattern and law, they may be able to get charges reduced or dismissed.
In other cases, they may be able to negotiate a plea deal on their client’s behalf.
And in some cases, they may take the case to trial.
No matter what, criminal defense lawyers are zealous advocates for their clients and will fight for the best possible outcome in their case.
Each case is different. We strongly recommend you seek the legal advice of an experienced criminal defense lawyer in Durham NC.
If you have been charged with Communicating Threats, contact us today for a free consultation. We will review your case and advise you of your legal options.