Former County Prosecutors At Our Somerville Firm Have Over 200 Years Of Combined Experience To Provide A Thorough Defense To Your Terroristic Threat Charge
Terroristic threats charges frequently arise in the context of domestic violence and therefore, are often accompanied by restraining orders. In a Somerset County domestic violence case, the relationship or former relationship of the parties involved is significant; however, for a terroristic threats criminal case, the relationship of the accused and the alleged victim is immaterial. Essentially, a terroristic threats charge requires the defendant to threaten another individual, causing reasonable fear of an imminent act of violence, whether that involves physical injury through the commission of a crime such as assault, or damage to property through an act such as arson.
Notably, the communication of a terroristic threat can be executed in written or verbal form, in phone calls, text messages, emails, or through a social media platform. Thus, documentation of the alleged terroristic threat may be relevant during the investigation and/or prosecution of the case. A conviction for a charge of the kind can result in a term of incarceration, hefty fines, and a felony conviction on your criminal record. If a restraining order is also issued, this matter will be adjudicated in the Family Division of the Superior Court in the county in which the alleged offense occurred and may result in additional consequences.
At The Law Offices of Jonathan F. Marshall, our attorneys have established a renowned reputation through our work on behalf of thousands of clients across New Jersey. Through decades of experience prosecuting and defends individuals charged with criminal offenses such as terroristic threats, we have accumulated of wealth of knowledge in this area of law and we utilize these resources on a regular basis to achieve successful outcomes. If you have become engulfed in restraining order proceedings, we are equipped to assist you with both your criminal case and your quasi-criminal domestic violence matter. Our goal is to protect your interests in both venues, limiting your exposure to the collateral consequences that may come with rulings against you. To discuss your current circumstances with one of our skilled New Jersey defense lawyers, contact our offices anytime. We are available 24/7 to assist you.
Terroristic Threats Charges in New Jersey: N.J.S.A. 2C:12-3
According to section N.J.S.A. 2C:12-3 of the New Jersey Criminal Code, the law regarding terroristic threats is as follows:
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.
Contact our Somerville NJ Terroristic Threats Defense Lawyers
As outlined in the aforementioned statute, terroristic threats is typically considered a third degree indictable felony, which is punishable by a term of incarceration ranging from 3 to 5 years in New Jersey State Prison. However, it is elevated to a crime of the second degree if the alleged offense is committed during a declared period of county, state, or national emergency. Second degree crimes may result in a 5 to 10-year term of imprisonment for those convicted.
There is a highly significant distinction between third and second degree crimes under New Jersey Law, as third degree crimes entail a presumption of non-incarceration for first-time offenders, meaning that defendants with no prior criminal record may be considered good candidates for probation or diversionary programs such as Pre-Trial Intervention. Second degree crimes do not have the benefit of this presumption and as such, a person found guilty will likely be sentenced to a term of imprisonment, regardless of his or her criminal history. The nuances involved in a terroristic threats case require in-depth knowledge of the law in order to devise effective strategies for combating these allegations.
For additional information and a free consultation with a member of our talented defense team, contact The Law Offices of Jonathan F. Marshall at 908-722-1011. Our lawyers are well equipped to defend your terroristic threat charge at the Somerset County Superior Court whether you were arrested in Somerville, Franklin Township, Bridgewater, Hillsborough, Bernards, Montgomery, North Plainfield, Warren, Branchburg, Bound Brook, Manville, Bedminster, Bernardsville, Green Brook, Watchung, Branchburg, South Bound Brook, Peapack-Gladstone, Far Hills, Rocky Hill and Millstone.