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What Qualifies as a Criminal Threat in New York City? Penalties
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What Qualifies as a Criminal Threat in New York City? Penalties
In New York, a person can be charged with the crime of making a terroristic threat if they threaten to commit a violent felony or crime of violence with the intent to intimidate or coerce a civilian population, influence government policy by intimidation or coercion, or affect government conduct by murder, assassination, or kidnapping [1].
What Type of Threats Qualify as Criminal?
In order for a threat to be considered criminal under New York law, it must meet the following criteria:
- Threatens violence: The threat must threaten violence, such as threatening to kill, injure, kidnap, or commit arson or another violent felony. Threats of non-violent acts generally do not qualify.
- Intent to intimidate/coerce: The threat must be made with the intent to intimidate, coerce, or cause alarm to others. If it is clearly made in jest, for example, it may not qualify.
- Reasonable belief: The threat must be made in a context or manner where there is a reasonable belief that the speaker intends to act on it or has the capability to act on it [2].
Some examples of threats that could lead to criminal charges include:
- Threatening to kill or physically harm someone
- Threatening to blow up a building or location
- Threatening a mass shooting
- Posting threats of violence on social media [3]
Penalties for Making Criminal Threats
The penalties for making terroristic threats in New York depend on the exact nature of the threat and the circumstances, but can include [4]:
- Class D felony: Up to 7 years in prison. Applies to most threats made to an individual, group, organization, or location.
- Class B felony: Up to 25 years in prison. Applies to threats made with the intent to cause evacuation of a building, location, or facility.
- Class A-I felony: Up to life in prison without parole. Applies to threats made with the intent to cause serious injury or death to another person.
Other potential penalties include:
- Fines up to $100,000
- Probation up to 10 years
- An order of protection for the victim(s)
Defenses to Terroristic Threat Charges
Some potential legal defenses to terroristic threat charges can include [5]:
- No real threat was made: The statement does not meet the legal definition of a threat under the law.
- No intent: The statement was a joke or political opinion protected by the First Amendment, not intended to be a real threat.
- False reporting: The alleged threat was fabricated or reported by someone with ulterior motives.
- Mistaken identity: Someone else made the threat, not you.
An experienced New York criminal defense lawyer can evaluate the details of your case and build a strong defense to have your charges reduced or dismissed.
What to Do If You Are Facing Charges
If you have been arrested or charged with making a terroristic threat in New York, it is essential to immediately retain legal counsel to protect your rights. An attorney can negotiate with prosecutors, challenge improper police conduct, and mount an aggressive defense to avoid conviction.
Without proper representation, terroristic threat charges can negatively impact all aspects of your life for years to come. An experienced lawyer understands the nuances of New York laws and can build the strongest case possible on your behalf. Don’t leave the outcome to chance. Schedule a consultation with a defense attorney as soon as possible.