Communicating Threats Lawyer
At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our criminal lawyers are dedicated to helping clients with communicating threats charges. These charges are always interesting because they’re always based on what someone else said. Typically, the threat isn’t recorded and so you have one person saying our client communicated a threat and our client saying they didn’t. But our communicating threats lawyers understand the nuances of the threat cases, and there’s a lot more to them than initially meets the eye. Let’s look at communicating threats charges together.
- What level crime is Communicating Threats lawyer?
- What are the elements of Communicating Threats?
- What does it mean to Willfully Communicate a Threat?
- What does it mean to Communicate a Threat?
- GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
- Greensboro Communicating Threats Lawyer Google Review
What level crime is communicating threats?
Communicating Threats is a Class 1 Misdemeanor, punishable by up to 120 days if convicted. In the North Carolina Sentencing Chart below, you can see the Class of the Misdemeanor on the left side and the record level of the person charged across the top. So, if you’re looking for Communicating Threats, it’s a Class 1 Misdemeanor and punished on that row of the chart and then you match that up with your record level.
What are the elements of Communicating Threats?
A person is guilty of communicating threats if they:
- Without lawful authority
- Willfully threatens to physical injure
- Another person; or
- That person’s child, sibling, spouse, or dependent OR
- Willfully threatens to damage another’s property, AND
- Willfully threatens to physical injure
- Communicates that threat to the Other Person
- In a Manner that would make a Reasonable Person believe it is likely to be carried out AND
- The Threat is believed by the other person
Yeah, we know, the communicating threats statue is a bit unusual, let’s go through each element together.
What does it mean to Willfully Communicate a Threat?
Willful addresses the persons state of mind. Meaning what was they communicated a threat willfully. We know what you’re thinking, how is it possible to communicate a threat and it not be willful. One example in North Carolina is a person left a message on a screenshot that said, The End is Near. The person was charged with Communicating threats in North Carolina. The North Carolina Court of Appeals found that this was insufficient to constitute a threat because it wasn’t willful.
What does it mean to communicate a threat to another or person or someone related to them?
The threat must be communicated to the victim. This threat can be communicated:
- Orally
- In Writing, or
- By Other Means
The threat can be communicated to the actual person or someone else with the intent of having it sent to the person they intended to threaten. For instance, one guy tells the girlfriend of another guy that he’s going to beat him up. The girlfriend relays the message and this would be sufficient for communicating a threat.
What does it mean for a reasonable person to believe it will be carried out for Communicating Threats?
If someone is clearly joking or exaggerating, for instance laughing as they say it, most likely the courts would not find a threat had been communicated because it’s not reasonable to believe that it will be carried out. This is an objective test, based on whether a reasonable person would believe they’d carry out what they threatened they were going to do.
What does it mean for a person to actually believe it will be carried out for a Threats Charge?
If a person gets on the stand and says they didn’t think the person would actually do it. It’s not a threat. For instance, person says I’m going to come over and beat you up and they live in Alaska and you live in North Carolina. You probably wouldn’t actually think they’re coming all the way to North Carolina for that purpose…but you could though. The test is Subjective, meaning what did the victim think
Frequently Asked Questions (FAQ)
1. How does Communicating Threats relate to Domestic Violence?
In the legal context, threats can be a precursor to domestic violence and are taken seriously in such circumstances. When threats occur within a domestic setting, they may be prosecuted as domestic violence, which can carry more severe penalties than a standard communicating threats charge. It’s essential for individuals involved in such situations to seek legal advice promptly to address the matter comprehensively.
2. What is the likelihood of Incarceration for a Communicating Threats charge?
Incarceration is a possibility for anyone convicted of Communicating Threats, especially with a prior criminal record. The North Carolina Sentencing Chart indicates the potential range of sentences influenced by the individual’s prior record level, with penalties as severe as 120 days in jail. Our seasoned communicating threats lawyers strive to minimize the risk of incarceration by presenting compelling defenses and mitigating factors.
3. Can I receive Legal Advice if I am accused of Communicating Threats?
Absolutely. Securing legal advice from a proficient communicating threats lawyer is crucial if you are accused. Early consultation empowers you to understand your rights, defenses available, and the nuances of navigating the legal system effectively. An experienced criminal defense attorney can illuminate strategic pathways and potential outcomes, providing you peace of mind and clarity.
4. How is Harassment different from Communicating Threats?
While harassment and communicating threats may overlap in certain behavioral patterns, they are distinct offenses. Harassment typically involves continuous, unwelcome behavior that causes distress or anxiety, whereas communicating threats focuses on a specific expression of intent to inflict harm. Legal representation is vital to differentiate between these charges to ensure an appropriate defense is mounted.
5. What role does Prosecution play in Communicating Threats cases?
The prosecution bears the responsibility of proving beyond a reasonable doubt that the accused willfully communicated a credible threat. This involves demonstrating that the threat was conveyed in a manner that could be believed by a reasonable person and was expected to be carried out. Our team counters prosecutorial evidence with diligent investigation and compelling arguments to protect our clients.
6. Is it Legal to defend oneself against unfounded allegations of Communicating Threats?
It is entirely legal—and prudent—to defend oneself vigorously against unjust accusations. Our attorneys are committed to safeguarding your rights by meticulously examining all evidence, questioning the credibility of accusations, and ensuring you receive a fair trial. This resolute defense helps prevent wrongful convictions and upholds justice.
GARRETT, WALKER, AYCOTH & OLSON, ATTORNEYS AT LAW
317 S. GREENE ST, GREENSBORO, NC 27401
Communicating Threats charges are extremely common but can hamper you in school, at work or with your family. Our top rated criminal defense lawyers in Guilford County, NC, are here to help you. Contact our law firm to help you with your communicating threats charge today at 336-379-0539.
This is why you should contact our – Guilford County & Randolph County – Greensboro, High Point & Asheboro Lawyers to help with your Communicating Threats charge today.
Call us at (336) 379-0539 to schedule a free, in-depth consultation with our experienced criminal lawyers.
Greensboro Communicating Threats Lawyer Google Reviews:
Client Review
“Honestly this is the Best lawyer for hard to win cases. If your down bad on your luck and have a case that looks like you’ll be doin immediate jail time Aycoth is your guy. I hired him on a Felony Possesion Firearm and Multiple Assault with Deadly Weapon Offenses and I was acquitted of all Charges. Give this man a call.” December 15, 2021
5/5 Stars