Facing Charges of Communicating Threats

Communicating threats is a serious crime in North Carolina. It is one of the most common criminal charges arising from personal disputes such as domestic violence, child custody disputes, and assault charges.

While Americans enjoy the right to free speech, which is protected under the First Amendment, not all speech is protected, and some statements are illegal. Threats of violence are not protected under the First Amendment and can lead to criminal charges. Even though communicating threats involves a threat that is merely communicated but not carried out, communicating threats is a serious charge that carries severe penalties.

Elements of Communicating Threats

As set forth by North Carolina statute NCGS 14-277.1, communicating threats is illegal if:

1. There is a threat to physically injure a person or a person’s spouse, child, sibling, or dependent or to damage the property of another person,
2. The threat was communicated orally, in writing, or by any other means, and
3. The threatened person reasonably believed that the threat would be carried out.

To constitute a crime, the defendant must:

1. Threaten to physically injure a person or damage another person’s property,
2. Communicate the threat to the victim, and
3. Cause the alleged victim to reasonably believe the threat would be carried out.

The threat can be communicated in writing, orally, or by “any other means.” This includes threats made via email or text, social media, or messaging applications.

Penalties for a Communicating Threats Conviction

Communicating threats is a Class 1 misdemeanor that carries a maximum punishment of up to 120 days in jail.

The penalties can be enhanced if you are charged with communicating threats while a protective order is in place. You could face a Class A1 misdemeanor for violating the protective order, which is punishable by up to 150 days in prison. And if you are also charged with communicating threats, you could face a Class H felony, which is punishable by up to 39 months in prison.

Defenses to Communicating Threats

While communicating threats is a serious crime, defenses are available.

The most common defense to a charge of communicating threats is that the defendant did not actually make a threat. To secure a conviction, the prosecutor must prove, beyond a reasonable doubt, that the defendant communicated a threat. If the statement was made orally, this can be difficult. Additionally, even if the statement was made in writing, via text message, or on a social media platform, there is room for interpretation as to whether the statement was actually a threat and whether the victim believed you could carry it out.

Another defense is that you did not intend to threaten the victim. For example, suppose you made a joke about wanting to hurt someone but never intended the statement to be threatening. Your lack of intent could be a defense to the crime.

Finally, the victim must have reasonably believed the threat would be carried out. If the victim knew you had no way of carrying out the threat, they could not have reasonably believed the threat was real, and you cannot be convicted of the crime.

The Stowe Law Firm, PLLC: Serious Defense for Serious Crimes

If you have been charged with communicating threats, you should hire an experienced criminal defense attorney as soon as possible. NC Criminal Defense Lawyer Ryan Stowe can defend you against charges of communicating threats and additional criminal charges you might face.

Attorney Stowe will analyze your situation and prepare a sound legal defense. He will conduct an independent investigation into the circumstances surrounding your arrest, interview witnesses, and review the evidence the prosecutor will use to try to convict you. He will work to have the charges reduced or even have the case against you dismissed. And if trial is inevitable, Attorney Stowe will be your advocate and will aggressively defend you against the charges.

When you hire the Stowe Law Firm, Attorney Stowe will answer your questions and aggressively protect your rights while providing the highest levels of professionalism and service.

The Stowe Law Firm is based in Salisbury, North Carolina, and proudly represents people in Cabarrus, Davidson, Rowan, Davie, and Stanly counties. He has extensive experience defending people accused of committing a crime and is a fierce advocate and defender of his clients’ rights. He will protect your rights, answer your questions, and defend you in court.

To learn more, contact the Stowe Law Firm today to schedule a confidential consultation to discuss your situation and how we can help.