Can You Go to Jail for Threatening Someone? What You Need to Know

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Quick Summary

• Criminal threats are often treated as felony offenses.
• If someone accuses you of making criminal threats, there may be some things you can say to defend yourself.
• To secure a conviction in a criminal charge, law offices must demonstrate that you communicated a specific statement intending to frighten the victim.

What Is the Definition of Criminal Threats?

The definition of criminal threats is the crime of making someone feel that they are in danger of physical harm or death [1].

A person making the threats can do this through verbal communication, writing, sign language, or any other means through which a person is put on notice that their safety is at risk. 

Law offices deal with criminal threats as felony offenses and are punishable by years in prison. In some states, threats may be categorized as “terroristic threats,” even if you don't carry out the threat.

Also Read: Is Punching Someone a Felony Under California Law?

What Are the Elements of a Criminal Threat?

The elements of a criminal threat entail specific communication about physical harm or death, made purposefully to cause actual fear and coerce another person.

The alleged victim must believe they are in certain danger of being subjected to bodily injury or killed by the perpetrator. 

Let me explain it in detail.

1. Making a Credible Threat to Bodily Harm Someone

The first part of the crime has the deliberate intent to kill or seriously injure another person. Doing something on purpose means you intend to harm one or more people.

Additionally, "great bodily harm" refers to major physical harm, as opposed to minor injuries like scratches or bruises.

For Example:

• Example: "I will shoot you tomorrow at work."
• Non-Example: "I wish something bad would happen to you."

2. Clearly Stating the Danger to Another Individual

To prove guilt, the prosecutor must show that you communicated a threatening message to the alleged victim.

This communication could be:

• Verbal statements
• Written messages
• Social media posts
• Text messages
• Email communications

3. Making a Clear, Immediate, Unconditional, and Specific Threat

The prosecutor must also demonstrate that the language you used in your statement conveyed that you were sincere in your threat and could immediately carry out the threat with the intent of great bodily harm.

For example:

• Criminal: "I am going to harm you."
• Non-Criminal: Vague statements of dislike

4. Causing Fear in the Alleged Victim

The law offices then must show that the alleged victim feared for their safety or the safety of others because of the threat. The fear has to last more than a few seconds and be more significant than a passing shock.

The alleged victim must have felt fear that a reasonable person would not have under the circumstances.

5. Feeling Reasonable Fear

The victim's fear does not only have to last, but it must be reasonable. In other words, their terror would make sense if you threatened to harm them with a knife. But it might seem irrational if you said you'd drive a tank into their residence.

Also Read: Party Consent Explained

Real-World Scenarios: What Counts as a Criminal Threat?

Understanding criminal threats depends on context, intent, and how they are perceived. Below are real-life examples to illustrate how these cases are handled.

What Qualifies as a Threat:

• Bar Argument:
  In a public setting, a heated remark like "I will kill you" during an argument resulted in criminal charges due to its direct nature and the fear it caused.
• Social Media Post:
  A teenager’s online threat to bring a weapon to school led to charges because of the specific target and the fear it sparked.

What Doesn’t Qualify:

• Joking Comments:
  In a group chat, saying “I’ll lose my mind” over homework wasn’t considered a threat due to the context and lack of actual intent.
• Frustrated Statements:
  Since there was no serious intent, saying "I wish my boss would disappear" in frustration during lunch didn’t lead to charges.

Key Factors:

• Public vs. Private: Public threats are taken more seriously.
• Tone: Aggressive tones escalate interpretations.
• History: Past behavior impacts how threats are viewed.
• Specificity: Specific threats are more likely to be prosecuted.

Interpreting threats depends heavily on context and intent, making understanding the nuances when navigating legal scenarios important.

Can You Go to Jail for Threatening Someone?

Yes, you can go to jail for threatening someone with physical harm or death. Law offices and the courts take threats very seriously, and those who are found guilty of making or communicating a threat can face up to three years in prison.  

Even if you are threatening as just a joke, you can still face felony charges and criminal charges. If you are charged with this crime, the consequences can also include fines and probation.

"Courts have also found that empty threats can be criminal threats."
- Robert M. Helfend, Criminal Defense Attorney

How Many Years Can You Get for a Threat?

The number of years you can get for a threat depends on the state. Generally, the maximum sentence for a criminal threat is three years in prison.

But if you're convicted of a felony charge, you could face up to 5 or 10 years in jail.

Additionally, some states may have specific laws that dictate an increased sentence for threatening someone with deadly force or a weapon. It's important to note that in addition to jail time, a person convicted of making a criminal threat may also be required to pay fines and court costs.

Related Article: How Long Does Jail Booking Take?

Penalties for Making Criminal Threats

Criminal threats may be prosecuted as a misdemeanor charge or felony charge, depending on the situation and the defendant's past criminal history. 

Punishments for a misdemeanor include:

• Up to one year in county jail
• $1,000 in fines

If convicted of a felony, the penalties increase:

• Up to three years in state prison
• $10,000 in fines

Felony criminal threats are considered a "third strike" offense, which requires you to serve at least 85% of your sentence. If you commit another crime after being released, called a "strike," it would result in a longer sentence. A third "strike" results in a mandatory 25-year long prison term.

Related Article: How Long Does a Misdemeanor Stay On Your Record?

Possible Defenses Against Criminal Threat Charges

Various defenses may be available to you if you have been accused of criminal threats.

For example, depending on the facts of the case, it might be possible to argue:

1. The Threat Wasn't Specific Enough

Defense Explanation: For a statement to qualify as a criminal threat, it must be specific and directed at an identifiable individual or group. Vague or ambiguous statements may not meet the legal threshold.

2. The Time Frame Didn't Meet Legal Standards for "Immediacy"

Defense Explanation: Criminal threats must typically convey an immediate intent to harm. If the threat lacks a sense of urgency or immediacy, it may not qualify as a criminal threat.

3. The Recipient's Fear Was Unfounded

Defense Explanation: If the threat recipient did not genuinely fear for their safety, it may undermine the prosecution's case. The subjective perception of fear must be reasonable under the circumstances.

4. The Fear Didn't Last

Defense Explanation: If it can be demonstrated that any fear experienced by the recipient was fleeting or temporary, this may weaken the prosecution's case regarding the seriousness of the threat.

5. False Accusations

Defense Explanation: Accusations of making threats can sometimes stem from misunderstandings or malicious intent by others. Demonstrating that accusations are false can serve as a strong defense.

Essential Steps in Threat Situations

Knowing what to do when faced with a threat can help you navigate the situation responsibly.

If You've Been Threatened:

• Stay Calm: Try to remain composed and avoid escalating the situation further.
• Document the Threat: Write down what was said or done, including the date, time, location, and any witnesses present. If possible, keep any messages or recordings as evidence.
• Do Not Engage: Avoid responding to the threat in an aggressive manner. Engaging can escalate the situation.
• Seek Help: Reach out to friends, family, or authorities for support. If you feel unsafe, contact law enforcement immediately.
• Consider Legal Action: Depending on the severity of the threat, you may want to consult with an attorney about your options for obtaining a restraining order or taking other legal actions.

If You're Accused of a Threat:

• Remain Calm: Do not react defensively or aggressively; this can worsen the situation.
• Understand the Accusation: Ask for clarification about what specific statements or actions led to the accusation.
• Document Your Side: Record your interactions and any relevant communications that could support your case.
• Seek Legal Counsel: Consult an attorney experienced in criminal law to understand your rights and options.
• Avoid contact with the Accuser: Until you have legal advice, it’s wise to avoid direct communication with the person who accused you.

If You're a Witness:

• Assess the Situation: Determine if anyone is in immediate danger and whether it’s safe for you to intervene.
• Document What You See and Hear: Include details about the incident, including descriptions of the individuals involved, what was said or done, and any other pertinent information.
• Report It: If you believe the threat is serious or someone is in danger, contact law enforcement immediately.
• Support the Victim: If appropriate, offer support to the threatened individual. Encourage them to seek help and document their experience.
• Follow Up: If law enforcement gets involved, be prepared to provide an account of what happened if needed.

Navigating situations involving threats can be challenging and stressful. By following these steps based on your role—whether as a victim, an accused individual, or a witness—you can take appropriate actions that prioritize safety and legal rights

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FAQs

What Is Considered a Threat?

A threat is considered an action or statement that shows an intent to bodily harm someone else physically or emotionally.

What Are the 4 Categories of Threats?

The 4 categories of threats are direct, indirect, veiled, and conditional.

Can online threats lead to jail time?

Yes, online threats are taken seriously and can lead to jail time. Cyber threats are treated similarly to in-person threats and can result in criminal charges.

Do I need evidence to prove that I was threatened?

Yes, evidence such as messages, recordings, witness statements, or other documentation can help prove that you were threatened and support any legal action.

Can a threat made while drunk still lead to charges?
Yes, a threat made while drunk can still lead to charges. The law considers the intent and impact of the threat, even if made under the influence.

What if I didn't mean the threat?
If you didn't mean the threat, however, the recipient believed it was real and felt fear, you could still face charges.

Can I be charged for threats made in private messages?
Yes, you can be charged for threats made in private messages if they instill fear of harm.

Do You Need Legal Defense?

Before you threaten someone, you must know that you can face criminal charges. It's important to understand your case by talking to an experienced attorney.

Fight your criminal charge and contact Shmidt & Clark, LLP for a free consultation and to learn more about what legal options are available to you. Our team of criminal defense lawyers will listen carefully to your case and provide unmatched quality representation in court. 

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References:

1. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=422-422.4