Terroristic Threats Attorney in Union County, New Jersey
A terroristic threats charge is typically a third degree felony, which is very serious and should not be taken lightly. If convicted of terroristic threats you will face penalties that include probation, thousands in fines, a permanent criminal record and up to 3 – 5 years in state prison. Therefore, it is in your best interest to hire an experienced criminal defense lawyer to defend your case. The Proetta & Oliver is a law firm exclusively committed to defending clients against criminal charges, such as terroristic threats throughout Union County and surrounding areas including Elizabeth, Plainfield, Linden, Westfield, Summit, Hillside, and Clark. Founding attorney, Will Proetta, Esq., has handled well over one thousand cases during his legal career and will work hand in hand with the prosecutors and police 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 terroristic threats lawyer for absolutely free at (908) 838-0150.
Generally speaking, the crime of terroristic threats is a threat to commit violence against another person. Typically this means a verbal threat to another during a heated argument or domestic dispute. Often times the threat can even be in the form of a text message or email received. This is also why terroristic threats are normally 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.
2C:12-3 Terroristic Threats New Jersey Statute
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.
Terroristic Threats: a Predicate Act of Domestic Violence
Terroristic threats is a criminal offense, as well as a predicate act of domestic violence under the New Jersey Prevention of Domestic Violence Act (PDVA). Essentially, this means that terroristic threats is considered grounds for a restraining order under NJ law. In many cases, a charge for terroristic threats will occur after police respond to the scene of an alleged domestic violence incident. For example, if police officers come to your home and another person says you threatened to hurt or kill them, you may be arrested and charged with terroristic threats. Sometimes, this charge will be coupled with another charge such as possession of a weapon for an unlawful purpose if perhaps the alleged victim says you threatened them with a knife.
When a temporary restraining order (TRO) is issued along with charges for terroristic threats, you are forced to deal with two distinct legal issues that are decided in different venues. Specifically, your criminal charges will be heard and decided in the Criminal Division of the Union County Superior Court and your restraining order hearing will occur in Union County Family Court. Our defense lawyers have extensive experience handling both aspects of terroristic threats cases involving domestic violence. We will aggressively fight to have your terroristic threats charges and the restraining order against you dismissed.
Attorney Defending Threats to Kill in Union Twp NJ
Terroristic threats can often be complicated cases to handle because it can often hinge on testimony of the parties and the state burden to meet is only to show the threat presented a serious alarm for safety to a “reasonable person” and not that the defendant actually intended to go through with the threat. Moreover, the most common form of a terroristic threats that we see and handle are threats to kill another. Defense in these cases often depends on whether the victim was put in imminent fear of death – meaning that it would occur at the 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 different a conviction or finding of not guilty. Contact Proetta & Oliver today at (908) 838-0150 for a free initial consultation at our office, conveniently located in Cranford.