Elizabeth, NJ Terroristic Threats Charge Lawyer

Fear and Intimidation: Understanding Terroristic Threats in the Garden State

In New Jersey, the law takes threats of violence seriously. Terroristic threats, defined as threatening to commit violence with the intent to terrorize or cause fear, are a serious crime with significant consequences. Terroristic threats is codified under New Jersey Statute as 2C:12-3. Terroristic threats is commonly charged with harassment, stalking, cyber harassment, robbery, aggravated assault, and disorderly conduct. If you or a loved one is facing a terroristic threats charge in New Jersey, this page delves into the specifics, its implications, and how to navigate the legal landscape if you or someone you know faces such accusations. Also, when facing a terroristic threats charge here in New Jersey, it is imperative that you speak with an attorney to discuss your case right away. If you are seeking legal representation for a terroristic threats charge in New Jersey, then Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this page that will provide you with a general overview of the law regarding terroristic threats charge in New Jersey, as well as some common defenses that may be available to you.

Definition of Terroristic Threat Charge in New Jersey

Terroristic threats is a serious charge here in New Jersey. The New Jersey Code of Criminal Justice defines a terroristic threat as:

• Threatening to commit any crime of violence with the purpose to terrorize another person or persons.
• Causing the evacuation of a building, place of assembly, or facility of public transportation through threats.
• Causing serious public inconvenience through threats.

Under New Jersey Statute 2C:12-3, Terroristic threats is when:

1. He/she 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. 
2. 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.

Under 2C:12-3a, if the threat was made at the time of a national, state or county emergency, then the charge is upgraded to a second-degree. Second-degree charge of terroristic threats carries a longer prison sentence as well as a substantial fine. Per the statute, it is not a defense to a second-degree terroristic threats charge that the defendant did not know there was an emergency taking place. Lastly, a second-degree terroristic threats charge is a strict liability offense upon proof that the crime occurred during a declared period of national, State or county emergency. It is important to remember that second-degree terroristic threats is a strict-liability crime since strict liability is a legal term that means a defendant can be held responsible for the consequences of their actions, even if they did not act intentionally.

As you can see, terroristic threats can be charged under 2C:12-3a or 2C:12-3b. If you are facing a terroristic threats charge here in New Jersey, call our office today to discuss your case.

Key Elements of New Jersey Terroristic Threats Charge

To convict someone of terroristic threats charge 2C:12-3b (threaten to kill another), per the New Jersey Model Jury Charge the prosecution must prove three key elements beyond a reasonable doubt:

1. That the defendant threatened to kill another person;
2. That the threat was made with the purpose to put the person in imminent fear of death; and,
3. That the threat was made under circumstances which reasonably caused the person to believe that the threat was likely to be carried out.

The first element, according to the NJ Model Jury Charge, states that it is not a violation of the charge if the threat “expresses fleeting anger or was made merely to alarm.” Remember, in order to be convicted of 2C:12-3b (terroristic threats) the State must prove each element beyond a reasonable doubt. Failure to prove just one of the elements will result in an acquittal. Therefore, it is important to contact an experienced criminal defense attorney when facing this charge.

Examples of Terroristic Threats

• Calling someone and threatening to hurt them.
• Sending a text message saying you’re going to blow up a building.
• Posting a social media message threatening violence against a specific group of people.

Penalties for New Jersey Terroristic Threats Charge

Terroristic threats is a third-degree crime in New Jersey, punishable by:

• A minimum of three (3) and a maximum of up to five (5) years in prison
• A fine of up to $15,000.00
• Probation
• Community service
• Anger management classes

In some cases, the charge can be upgraded to a second-degree crime, with even harsher penalties, if the threat was made during a declared period of national, state, or county emergency. A second-degree terroristic threats charge carries the following penalties:

• A maximum of up to ten (10) years in prison
• A fine of up to $150,000.00
• A presumption of incarceration at the time of sentencing

As you can see, these potential penalties carry sever and lasting impacts if convicted. That is why if you or a loved one is facing a terroristic threats charge in New Jersey, call our office today to discuss.

Defenses to Terroristic Threats Charge in New Jersey

If you are charged with terroristic threats in New Jersey, there may be defenses available, depending on the specific circumstances, such as:

• First Amendment rights: In some cases, free speech protections may apply to non-threatening or offensive but protected forms of expression. A first amendment defense to a terrorist threats charge in New Jersey may be possible, but it is not easy to prove. The defendant would have to show that their speech was not intended or likely to cause terror, evacuation, or inconvenience and that it was protected by the First Amendment as a matter of law. However, the courts have generally upheld the constitutionality of the terroristic threats statute, and have rejected the First Amendment defense in most cases. The courts have found that the statute does not criminalize speech based on its content, but rather on its effect. The courts have also found that the statute serves a compelling state interest in preventing harm and maintaining public order.
• Mistaken identity: Proving the defendant misidentified the victim or misunderstood the situation. A mistaken identity defense may be raised if the defendant can show that he or she was not the person who made the threat, or that the threat was not directed at the alleged victim. For example, if the defendant has an alibi that proves he or she was not at the scene of the crime, or if there is evidence that the threat was made by someone else who looks or sounds similar to the defendant, or if the threat was intended for a different person or group, then the defendant may be able to avoid conviction. However, it is on the defendant to present evidence that supports the defense, and the prosecution may challenge the defense by presenting contrary evidence, such as eyewitness testimony, video or audio recordings, or forensic analysis.
• Consent: Demonstrating the victim consented to the alleged threatening behavior.
• Entrapment: Proving the police pressured or induced the defendant into making the threat.
• Lack of evidence: The prosecution must prove beyond a reasonable doubt that the defendant made a threat to commit a violent crime, and that the threat was intended or likely to cause terror, evacuation, or inconvenience. The defense can challenge the credibility, reliability, or accuracy of the evidence or witnesses that support the charge. For example, the defense can argue that the alleged threat was never made, or that it was misinterpreted, misunderstood, or taken out of context.
• Lack of intent: The prosecution must prove that the defendant had a specific purpose or state of mind when making the threat. The defense can argue that the defendant did not intend to cause any harm or fear, or that the defendant acted under duress, coercion, or mistake. For example, the defense can argue that the alleged threat was a joke, a bluff, an expression of anger, or a hyperbole. Keep in mind, that this defense for 2C:12-3a will not work if the alleged threat was made during a time of national, State, or county emergency since it is strict liability.
• False accusation: False accusation is another possible defense for a terroristic threats charge in New Jersey, if the defendant can prove that he or she did not make the threat or that the accuser is lying or mistaken. However, this defense may be difficult to establish, as the prosecution may have evidence that corroborates the accuser’s claim, such as eyewitnesses, recordings, or forensic analysis. The defendant may also face additional charges for making false public alarms, which is a crime of the third degree in New Jersey.

These are just some defenses that might be available for a terroristic threats charge in New Jersey. However, the type of defense(s) will depend on the nature of the events that took place for each individual case.

Pre-Trial Intervention

Pre-trial intervention (PTI) is a diversionary program that may allow you to avoid a conviction and prison sentence for a terroristic threats charge in New Jersey, if you are a first-time offender of a third- or fourth-degree crime. However, PTI is not guaranteed and depends on several factors, such as the nature and severity of the offense, the impact on the victim and the public, your motivation and age, and the likelihood of rehabilitation. You must apply for PTI as early as possible, before an indictment if possible, and pay a non-refundable application fee of $75. You may also have to undergo an investigation and an interview, and agree to certain conditions, such as probation, drug testing, counseling, community service, restitution, and fines. If you complete all the conditions within the specified time period (up to 36 months), the charges will be dismissed and you will not have a criminal record. However, if you fail to comply with the conditions or commit a new offense, you will be terminated from PTI and prosecuted for the original charge.

Domestic Violence & Terroristic Threats

The New Jersey Domestic Violence Protection Act (DVPA) primarily focuses on protecting victims from domestic violence, including acts of physical, emotional, sexual, and financial abuse. Terroristic threats can be a form of domestic violence.

Here’s a breakdown of the key points:

Terroristic Threats:

• In New Jersey, making a threat to harm another person or property with the intent to terrorize or intimidate them is considered a terroristic threat. This can be done verbally, in writing, or electronically.
• While terroristic threats can be used in domestic violence cases, they are not exclusive to them. They can occur in any relationship, including strangers or acquaintances.

Domestic Violence Protection Act:

• The DVPA provides legal protection for victims of domestic violence by allowing them to file for restraining orders against their abusers.
• These restraining orders can prohibit the abuser from contacting, harassing, or harming the victim and their children. It will also take away the defendant’s right to have guns.
• For a restraining order to be granted under the DVPA, the victim must demonstrate that they have been subjected to an act of domestic violence by the abuser.

Intersections:

• If a terroristic threat is made in the context of a domestic violence relationship, it can be used as evidence to support a restraining order under the DVPA.
• However, simply making a terroristic threat against someone you have a domestic relationship with does not automatically guarantee a restraining order under the DVPA. The victim must still demonstrate that they have been subjected to other forms of domestic violence by a preponderance of the evidence.

Case Law on Terroristic Threats

State v. Fair is a New Jersey appellate court decision that invalidated the reckless-disregard portion of the state’s terroristic threats statute, N.J.S.A. 2C:12-3(a), as unconstitutionally overbroad and vague. The defendant, Calvin Fair, was convicted of making terroristic threats to a police officer during a domestic disturbance call, based on the alternative theories of either having the purpose to terrorize the officer or acting in reckless disregard of the risk of causing such terror. The appellate court reversed the conviction, finding that the reckless-disregard theory violated the First Amendment by criminalizing speech and expressions that did not pose a clear and present danger of imminent violence. The Court noted that the “speaker must ‘mean[ ] to communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals.’” The court also found that the indictment, jury instructions, and verdict sheet were poorly structured and did not ensure a unanimous verdict on the valid theory of purposeful terrorization. The court remanded the case for a new trial on the purposeful terrorization theory only.

This same case recently went up to the Supreme Court of New Jersey. Here is a summary:

• New Jersey Supreme Court makes it harder for prosecutors to charge someone with terroristic threats.
• The court held that a person can only be convicted of terroristic threats if they intended to cause fear in the victim, not just if they knew that their words would cause fear.
• The court also said that the context and circumstances of the threat must be considered, such as the relationship between the parties, the tone and manner of the speech, and the history of violence or abuse.
• The court based its decision on the First Amendment of the U.S. Constitution, which protects the freedom of speech and expression, and the due process clause of the New Jersey Constitution, which requires fair and clear standards for criminal liability.
• The court reversed the conviction of a man who was accused of making terroristic threats to his ex-girlfriend over the phone, saying that the evidence was insufficient to prove his intent to terrorize her.

Frequently Asked Questions (FAQs) 

1. What actions are considered terroristic threats in New Jersey?

   • Individuals inquire about what specific behaviors or actions are classified as terroristic threats under New Jersey law. The state defines these as threats to commit violence with the intent to terrorize another, cause evacuation of a building, or cause serious public inconvenience.

2. What are the penalties for making terroristic threats?

   • There’s a concern about the severity of the consequences one might face if convicted of making terroristic threats. In New Jersey, it can be a third-degree crime with a sentence of 3-5 years in prison and fines up to $75,000, or a second-degree crime if made during a state of emergency, with harsher penalties.

3. How can intent be proven in terroristic threat cases?

   • Questions often arise about the proof required to establish the intent to terrorize someone, which is a crucial element for conviction. The prosecution must show that the threat was made with the purpose of inducing fear or emotional distress.

4. Can statements made online be considered terroristic threats?

   • With the rise of digital communication, people are curious whether statements made via email, social media, or text messages can be classified as terroristic threats. In New Jersey, online communications can indeed be used as evidence in such cases.

5. Are there additional charges that accompany terroristic threat charges?

   • It’s common to ask if terroristic threat charges are often accompanied by other offenses. Typically, these charges can come bundled with other offenses such as harassment or resisting arrest.

6. What defenses are available against charges of terroristic threats?

   • Those accused often seek information on potential defenses against these charges. Defenses may include challenging the evidence, proving a lack of intent to terrorize, or demonstrating that the statement was not meant to be taken seriously.

Top-Tier New Jersey Terroristic Threats Charge Lawyer

Brett M Rosen is a lawyer in New Jersey who specializes in criminal defense and personal injury law. He has been recognized as one of the top criminal defense attorneys of 2023 and has been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years. He has also handled some high-profile cases involving celebrities and reality stars. He has a reputation for being passionate, dedicated, and assertive in representing his clients. He has also won several trials and secured favorable settlements for his clients. If you or a loved one is facing a terroristic threats charge here in New Jersey, give our office a call today.

Contact our office today to discuss your terroristic threats charge in New Jersey.