Hackensack Terroristic Threats Attorney
The crime of terroristic threats often arises out of a heat of the moment outburst. As you will see below, a conviction for terroristic threats can expose an individual to a potential State prison sentence, not to mention a felony criminal record as well. To make matters worse, most people charged with terroristic threats also find themselves facing other assault charges as well, like aggravated assault, harassment, stalking, simple assault and kidnapping. As if that wasn’t bad enough, a Defendant may also find themselves facing a possible final restraining order hearing as well if the “victim” and the Defendant were in a domestic relationship, lived together or had a familial relationship. If you have been charged with terroristic threats in Bergen County, The Law Offices of Jonathan F. Marshall can help:
- Over two-hundred (200) years of combined experience
- A team of ten (10) criminal defense attorneys that devote their entire practice to criminal law
- Our firm has seven (7) former prosecutors
- Three (3) of our attorneys were former assistant county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, Juvenile Division
- One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
- One (1) of our lawyers was recently selected to Super Lawyers Rising Stars 2020 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that selects only 2.5% of the attorneys in New Jersey to this list
- Selected to the National Trial Lawyers Top 100 and Top 40 Under 40
Our team, has been defending individual charged with terroristic threats in towns like Lodi, East Rutherford, Paramus, Fair Lawn, Upper Saddle River, Tenafly, Hackensack, Mahwah and Fort Lee for over fifteen years. If you or someone you know has been charged with terroristic threats please feel free to contact any one of our Hackensack Office at 201.429.9783 for an initial consultation. Our team is available 24/7 as we are well aware that these types of incidents can become extremely nerve racking and always our initial consultations are always free. Now here is some key information on the offense of terroristic threats, including what the prosecution must prove beyond a reasonable doubt.
Material Elements for N.J.S.A. 2C:12-3, Terroristic Threats:
The governing statute in New Jersey for terroristic threats is N.J.S.A. 2C:12-3. In order to be convicted of terroristic threats, the State must prove beyond a reasonable doubt that the alleged Defendant:
- Made a threat; &
- That the said threat was to commit a crime of violence on the alleged victim; &
- The threat was made with the purpose to either:
- Terrorize the victim; 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.
It is important to note here that the actual intent of the defendant is irrelevant. The state does not need to prove that the Defendant had the actual intent or purpose to carry out the said threat. It’s also important to note that this charge is usually associated with an act of domestic violence. Typically, one spouse tells the other spouse (or lover tells the other lover) that he/she is going to kill the other one. Although it may be a figurative speech, you or your loved one can be facing a N.J.S.A. 2C:12-3 charge if a reasonable person would believe that the threat is real. That is why it’s important to remember that this charge as well as a restraining order typically go hand in hand since these acts are usually committed during a domestic dispute.
Applicable Penalties if convicted of N.J.S.A. 2C:12-3 Terroristic Threats in NJ:
The legislatures made the offense of N.J.S.A. 2C:12-3, terroristic threats, a crime of the third (3rd) degree. If convicted, then one could face anywhere between three (3) to five (5) years in a New Jersey State Prison, a fine up to $15,000 and a felony criminal record. Since it is a crime of the third (3rd) degree, there is a presumption of non-incarceration, which could afford the individual a probationary sentence. With that being said, that presumption does not include County Jail and can easily be overcome by the prosecution if not handled properly.
Pursuant to the statute, terroristic threats can be elevated to a crime of the second (2nd) degree, if the offense was committed during a declared period of national, State, or county emergency. Unlike a third (3rd) degree crime, a second (2nd) degree carries a presumption of incarceration and if convicted, then one could face anywhere between five (5) to ten (10) years in a New Jersey State prison and a fine of up to $150,000.
Bergen County NJ Terroristic Threats Lawyer
As you can tell the ramifications for an individual convicted of terroristic threats can be severe. Therefore, it is imperative for you to speak to an experienced Bergen County criminal defense attorney about your rights. The Law Offices of Jonathan F. Marshall has been defending clients charged with aggravated assault, harassment, stalking, criminal mischief and terroristic threats in Bergen County for years. Our office serves all of Bergen County and we routinely appear in Courts throughout the county including Courts like the Mahwah Municipal Court, Lyndhurst Municipal Court, Fort Lee Municipal Court, the Little Ferry Municipal Court and the Bergen County Superior Courthouse. If you have any further questions regarding the crime of terroristic threats or any other crime for that matter please feel free to contact us at 201.429.9783 for a free initial consultation. Our attorneys are standing by to help assist in any way possible.