New Brunswick Terroristic Threats Attorney
Criminal and Restraining Order Lawyers in Middlesex County, New Jersey
In New Jersey, a person makes terroristic threats if they threaten to kill someone, intending to put that person in imminent and reasonable fear for their lives, or threaten violence to terrorize someone. If a person threatens violence in order to cause a building to evacuate or another serious public inconvenience, they may also be found guilty of making terroristic threats. Typically terroristic threats is a third degree felony, which is very serious and not to be taken lightly. If you are convicted of terroristic threats, then you will face penalties that include probation, thousands of dollars in fines, a permanent criminal record, and up to 3 or even 5 years in state prison. As a result, it is in your best interest to hire an experienced criminal defense lawyer to defend your case.
The Law Offices of Proetta & Oliver is a law firm that is deeply committed to defending clients against criminal charges and restraining orders that arise from allegations of terroristic threats throughout Middlesex County and surrounding areas including New Brunswick, Edison, South Brunswick, Sayreville, Perth Amboy, Colonia, and Plainsboro. Founding attorney, Will Proetta, Esq., has handled more than one thousand cases during his legal career and will seek to work closely with the prosecutors and police in order to effectuate a successful resolution of your cases. If you would like to learn more about how we can help you, then contact our office today to speak with a Middlesex County terroristic threats lawyer for absolutely free at (732) 659-9600.
N.J.S.A. 2C:12-3 Terroristic Threats in New Jersey
The crime of terroristic threats is a threat to commit violence against another person. This type of threat often arises when one verbally threatens another during a heated argument or domestic dispute. Increasingly, the threat can even be in the form of a text message or email received. Terroristic threats are also often accompanied by ancillary charges such simple assault, harassment or even a Final Restraining Order. An excerpt from the New Jersey 2C:12-3 is listed below for your convenience.
a. A person is guilty of a crime of the third degree if he threatens to commit 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. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
b. A person is guilty of a crime of the third degree if he threatens to kill 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 carried out.
Accused of Terroristic Threats for Domestic Violence in NJ
The criminal offense of making terroristic threats is considered an act of domestic violence if committed against an individual who qualifies as a “victim” under New Jersey’s Prevention of Domestic Violence Act. In the context of domestic violence, terroristic threats typically take the form of an offender threatening to kill or commit violence against a person with whom they are in a domestic relationship like a spouse or significant other. The offender need not actually physically harm the victim or even intend to carry out the threat, so long as the victim is in imminent fear of their lives and that fear is reasonable.
Under the PDVA, the person receiving the threats must qualify as a victim of domestic violence, as set forth by the Act, in order to receive the protection of a restraining order. In addition to a restraining order, the offender will likely face criminal charges as well. If convicted of terroristic threats in a domestic relationship, which is typically charged as a third degree indictable offense, you may face up to 3 to 5 years in prison and be ordered to pay fines of up to $15,000.
Terroristic Threats and Restraining Order Defense in New Brunswick NJ
Terroristic threats can often be complicated cases to handle because they often hinge on the testimony of the parties. The burden of proof that the state must satisfy is only to show the threat presented a serious alarm for safety to a “reasonable person.” Furthermore, whether or not the defendant actually intended to go through with the threat is irrelevant so long as a “reasonable person” would have felt threatened in the same situation as the victim. The most common form of terroristic threats that our attorneys handle is the threat to kill another. Defense in these cases often depends on whether the victim was put in imminent fear of death. This means that the person who is threatened feels that the defendant is going to physically harm the person at the immediate time of the threat and not sometime in the future. Having an experienced terroristic threats defense attorney on your side can help you navigate the tough judicial corridors and can mean the difference of a guilty conviction or a finding of not guilty. To build a case strategy based upon your needs, contact Proetta & Oliver today at (732) 659-9600 for a free initial consultation.