The Terroristic Threat Attorneys In Our Jersey City Office Have Over 200 Years Of Combined Experience Defending 2C:12-3 Charges Throughout Hudson County Including Bayonne, Hoboken, North Bergen, Weehawken and Secaucus
It isn’t uncommon for someone to say something in the heat of any argument that the other person feels is overly aggressive. The problem is that words can result in a felony criminal offense under N.J.S.A. 2C:12-3 (“terroristic threats”) when they cross into the realm of being a threat to commit violence bodily injury. An individual faces a third degree crime and detention at the county jail until their first appearance at Central Judicial Processing when this threshold is passed. A conviction on a terroristic threat charge carries severe consequences such as 5 years in prison. If you or a loved one was charged with making a terroristic threat in Bayonne, Jersey City, Hoboken, Union City, North Bergen or another Hudson County town, hiring a skilled defense attorney is an absolute priority.
Our team of NJ Criminal Defense Lawyers possesses credentials that are truly rare, including:
- Over 200 years of collective experience representing clients charged with indictable crimes such as terroristic threats
- Former county prosecutors who have served in key roles like Director of Major Crimes, Drug Task Force, Special Operations, Juvenile and even an entire Trial Division.
- Lawyers who are certified by the New Jersey Supreme Court as Criminal Trial Attorneys, an accomplishment earned by less than 2% of those practicing in the state
- Former municipal prosecutors in over 25 towns
- Decades of success stories in defending individuals at the Hudson County Superior Court in Jersey City New Jersey
For a consultation with an attorney to learn how the Law Offices of Jonathan F. Marshall can assist you in avoiding a conviction, call 201-309-0500. Lawyers are available 24/7 in our Jersey City Office to speak to you.
Terroristic Threat Offense in Hudson County
As previously stated, the New Jersey terroristic threat statute is contained at N.J.S.A. 2C:12-3. There are two entirely separate pedigrees of offense set forth under this law. Under subsection (a), a terroristic threat occurs when someone “threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation…or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.” To convict someone of this form of terroristic threat at the Hudson County Superior Court, 595 Newark Avenue, Jersey City, New Jersey, the prosecution must prove, beyond a reasonable doubt, that you:
- Made a threat to another person;
- It involved the commission of an imminent act of violence; and
- The threat was made with the purpose to:
- Terrorize the victim; or
- Cause an evacuation of a building, place of assembly, or facility of public transportation, or
- Cause serious public inconvenience, or
- Done in a a manner that recklessly disregarded the risk of causing such terror or inconvenience.
The second variety of terroristic threat offense is set forth at subsection (b) of 2C:12-3 and applies if someone “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.” There are three elements that must be established by the Hudson County Prosecutor’s Office in order to secure a conviction, including:
- A threat to kill;
- Made with the purpose to put the victim in imminent fear of death; and
- Likelihood that the threat would be carried out.
The key point to remember in this regard is that the threat must be uttered under circumstances where a reasonable person would believe the threat was imminent. If there is no imminency to the threat, the elements for a 2C:12-3(b) charge are lacking. You should also keep in mind that there must be a specific purpose to put the victim in fear of imminent death.
The attorneys at the Law Offices of Jonathan F. Marshall, 574 Newark Avenue, Suite 204A, Jersey City, New Jersey, defend terroristic threat charges filed in Hudson County, including in North Bergen, Union City, Bayonne, Hoboken, Secaucus, West New York, Harrison, Weehawken, Kearny, Jersey City, Guttenberg and East Newark.
Penalties That May Be Imposed At The Hudson County Superior Court At The Time Of Sentencing
As previously stated, a violation of 2C:12-3 is a third degree crime and that is punishable by up to five (5) years in a New Jersey State Prison. In addition to a lengthy state prison sentence, a defendant convicted of terroristic threats in Jersey City, New Jersey may also be fined up to $15,000 and forced to do community service, complete anger management classes and forbidden from any future contact with the victim.
A terroristic threat can also result in a second degree crime under very narrow and limited circumstances. This enhancement arises if the terroristic threat “during a declared period of national, State or county emergency.” The penalties for a second degree terroristic threat include five (5) to ten (10) in prison and a fine of as much as $150,000.
If there is standing under the NJ Prevention of Domestic Violence Act, there is also the potential for issuance of a temporary restraining order or final restraining order when someone commits a terroristic threat. A final restraining order and the related evidentiary hearing is civil in nature and falls under the jurisdiction of the family division at the Hudson County Courthouse. If the temporary restraining order becomes final, a defendant is forbidden from having any future contact, direct or indirect, with the victim and is forced to surrender his/her firearms. For more information on a restraining orders, please refer to our Hudson County domestic violence page.
Someone arrested for making a terroristic threat in Weehawken, Jersey City, Hoboken or elsewhere in the county can avoid a conviction if they secure admission into the Pretrial Intervention Program (“PTI”). A defendant is required to complete a period of probation in order to fulfill the requirements of PTI.
Hoboken NJ Terroristic Threat Attorney
You need to speak to an experienced terroristic threats defense attorney immediately about your legal options if you are facing a terroristic threat in one of our local municipalities like Hoboken, Bayonne, North Bergen. Remember, if you are convicted of terroristic threats, you are not only subject to a lengthy state prison sentence but also a felony criminal record that can hinder your ability to gain meaningful employment, attend your dream college or obtain / keep your professional license(s). It can even result in your removal from the United States if you lack citizenship. The attorneys at the Law Offices of Jonathan F. Marshall have defended countless terroristic threat charges over the years and know exactly how to approach your case in order to provide you with the best chance of acquittal. To discuss your matter with an attorney with decades of experience successfully representing clients like you at the Superior Court in Jersey City, call 201-309-0500. Lawyers are available to take your calls or to schedule an appointment in our office across from the courthouse 24/7.