Disputing Philadelphia Terroristic Threat Charges

Disputing Philadelphia Terroristic Threat Charges

Being accused of making a terroristic threat can be scary. Even if you feel the accusation is unfair or exaggerated, the legal consequences can be severe. As a Philadelphia defense lawyer, I’ve helped many clients in this situation get charges reduced or dismissed. Here’s an overview of terroristic threat laws in PA, potential defenses, and tips for protecting your rights.

What Constitutes a Terroristic Threat in Pennsylvania?

Pennsylvania’s terroristic threat statute is broad. You can face charges for “communicating either directly or indirectly” any threat to:

• Commit a crime of violence with intent to terrorize another
• Cause evacuation of a building, place of assembly or facility of public transportation
• Otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience

As you can see, the definition covers threats made in person, online, through third parties – and even statements made recklessly without true intent.

It’s not necessary for the target of the threat to feel terrorized or for an actual evacuation to occur. The focus is on the nature of the statement itself.

This gives police and prosecutors wide latitude in filing charges. I’ve seen clients arrested for:

• Heated arguments where they made vague threats without intent to harm
• Venting frustration online with violent rhetoric but no plans
• Bar disputes or road rage incidents where they uttered menacing words in the heat of the moment

The breadth of the law means police often use their discretion about whether to arrest. But once charges are filed, the legal process can take on a life of its own.

Why Fight the Charges

Terroristic threats can potentially be charged as misdemeanors or felonies, depending on the circumstances. They commonly carry penalties like (https://www.teamlaw.com/criminal-defense/terroristic-threats/):

• Up to 5 years in prison
• Fines up to $15,000
• Mandatory counseling or classes
• Restitution for costs of emergency response

Beyond punishments, a conviction also causes lasting damage to your criminal record and reputation. It can hurt job, housing, custody, and other prospects for years to come.

That’s why it’s so important to dispute questionable or inflated charges. An experienced defense attorney can often get charges dismissed entirely or reduced to lesser offenses like disorderly conduct.

Even if some penalty is inevitable, we can frequently negotiate lighter sentences like probation or limited jail time. The goal is to protect your record and rights as much as the facts allow.

Defenses That Work

Some of the most effective defenses against terroristic threat charges include:

Lack of Intent

As noted, one way to commit this offense is by making reckless statements without regard for their effect. But if we can show you lacked any genuine intent to terrorize or harm others, charges may be defeated.

Misinterpreted Words

Similarly, we can argue your words were misconstrued. When people are upset, they often vent using crude language without meaning what they say literally. Demonstrating your speech wasn’t meant to be threatening can undermine the charges.

Free Speech

True threats aren’t protected by the First Amendment. But language that’s merely disturbing or offensive often is. Drawing these distinctions can be complicated but may provide a strong constitutional defense.

Mental Health

If mental illness contributed to your actions, this may form the basis for an insanity or diminished capacity defense. Even if these defenses fall short, such mitigating factors can still lead to reduced charges/penalties.

Self-Defense

When threats are made in response to violence or abuse by others, self-defense becomes an issue. While the law still restricts certain speech, explaining the context can help achieve better outcomes.

False Accusations

Police do arrest some people based on exaggerated or outright false allegations. By gathering evidence and witness statements, we may demonstrate the charges lack factual foundation.

As you can see, skilled Philadelphia defense lawyers have many tools to contest terroristic threat charges. So don’t assume that an arrest will necessarily lead to conviction and harsh punishment. Let us evaluate your specific case and outline the best defense strategy.

Protecting Your Rights After an Arrest

If questioned by police, remember you have the right to remain silent. Anything you say may be used against you, so say nothing about the incident without counsel present beyond basic biographical information.

Also keep in mind that police often use interviews as fishing expeditions for evidence rather than just information gathering. Don’t volunteer anything or try to talk your way out of charges. That’s my job as your attorney once I’m retained.

Beyond dealing with authorities, be cautious about discussing your case with anyone else. Comments made online, to family and friends can also come back to haunt you. Keep quiet about the allegations until we’ve had a chance to map out your defense strategy.

Finally, begin gathering any evidence that could help your case. This may include things like:

• Witness names and contact info
• Text messages, posts, emails related to the dispute
• Photos, video, receipts placing you elsewhere
• Medical records if relevant
• Evidence of abuse or violence by the alleged victim

Preserving all potentially exculpatory evidence gives us a head start in contesting the state’s charges.

Contact a Philadelphia Terroristic Threat Defense Lawyer Today

False or inflated accusations can happen, and terroristic threat charges shouldn’t be taken lightly. But an experienced criminal defense lawyer can often get them dismissed or mitigated. To discuss your case in a free consultation, contact my Philadelphia firm online or call 215-555-1234 any time 24/7. I handle cases throughout PA and will strive to achieve the best possible outcome in your situation.