Have you been charged with making terroristic threats in Ocean County? Whether the charge stems from an argument that escalated out of control or an accusation you believe is overblown, the legal consequences can range from steep fines to prison sentences.
The state will have experienced prosecutors and investigative resources on its side from day one, and you deserve the same level of dedication on yours. That’s where the Law Offices of William C. Fay IV comes in.
William Fay, Esq., is a terroristic threats defense lawyer in Ocean County, NJ, who has dedicated most of his career exclusively to the practice of criminal defense and Assault & Threat Crimes. As a former New Jersey Deputy Attorney General, Mr. Fay knows how the other side thinks and builds strategic defenses based on that insight. Contact our law office today for a confidential and free consultation.
What Qualifies as Terroristic Threats Under New Jersey Law?
New Jersey law recognizes two distinct types of conduct as terroristic threats.
The first type involves threatening to commit any crime of violence with the purpose of or with reckless disregard of the risk of:
- Terrorizing another person
- Causing the evacuation of a building or public facility
- Causing serious public inconvenience
The second involves threatening to kill someone in a way that would cause a reasonable person to believe the threat was immediate and likely to be carried out.
Importantly, the law doesn’t require actual intent to follow through in these scenarios. The threat itself and the context in which it was made are what prosecutors focus on. Our Ocean County terroristic threats lawyer can examine the facts and evaluate whether the comments rise to the level necessary to support a criminal charge.
Common Situations That Lead to Terroristic Threat Charges in New Jersey
New Jersey terroristic threat charges don’t always arise from situations that look dangerous on the surface. Words said in anger, messages sent in frustration, or statements taken out of context can all lead to criminal charges.
Common circumstances that give rise to terroristic threats charges include:
- Domestic violence: Threats made during heated arguments between partners or family members are a common trigger for terroristic threats charges in New Jersey.
- Text, email, and social media communications: Written or electronic threats, even those intended as venting, carry the same legal weight as threats made in person.
- Workplace disputes: Conflicts between employees or between employees and managers can turn into criminal matters if threatening language enters the picture.
- Public confrontations: Altercations in parking lots, on the road, or in other public settings can escalate quickly, and threatening statements made in those moments can cross the line.
- Threats involving public facilities: Law enforcement treats any credible threat involving a school, government building, or place of assembly with urgency, and charges may follow swiftly.
Can You Go to Jail for Terroristic Threats?
Yes. A terroristic threats conviction in New Jersey can result in a prison sentence. The length of that sentence depends on the degree of the charge in question. As an experienced Ocean County terroristic threats defense attorney, Mr. Fay can help you understand the charges you’re facing and the potential consequences.
Penalties for Terroristic Threats in New Jersey
The penalties for a terroristic threats conviction in New Jersey vary based on the degree of the offense. Here are the specific penalties that each degree carries:
- Third-degree terroristic threats: This is the standard grade for most terroristic threat charges in New Jersey. Convictions for third-degree crimes are punishable by prison sentences of three to five years and fines of up to $15,000.
- Second-degree terroristic threats: If a terroristic threat offense occurs during a declared national, state, or county emergency, the charge is elevated to a second-degree crime. The state doesn’t have to prove you knew an emergency was in effect in these situations. This type of crime is punishable by five to 10 years in prison and fines of up to $150,000.
Beyond prison time and fines, a conviction can trigger additional consequences if the charge arises in a domestic violence context. Terroristic threats are a predicate act of domestic violence under New Jersey law. That means a conviction can result in a permanent restraining order, loss of firearm rights, and long-term effects on custody, employment, and housing.
Defenses to Terroristic Threat Charges in Ocean County
A charge is not a conviction, and every case is different. Mr. Fay builds criminal defenses based on the facts of each client’s unique circumstances.
Several defense strategies can be effective against terroristic threats charges in New Jersey. Possibilities include:
- Lack of intent: The prosecution must prove that you acted with intent to terrorize or in reckless disregard of that risk. If you had no genuine intent, that’s a viable line of defense.
- No reasonable fear: The state must also prove that the alleged victim had reason to believe the threat was imminent and credible. If no evidence supports that, the charge may not hold.
- Context and free expression: Proof that your words were taken out of context or that no one would reasonably interpret them as a true threat can support a defense to a terroristic threats charge.
- False or exaggerated accusations: Allegations aren’t always accurate in domestic disputes and contentious personal conflicts. A lack of witness credibility could be a reasonable defense.
How Do Terroristic Threat Charges Apply to Juveniles in NJ?
Young people make mistakes. It’s not uncommon to read about students making bomb threats at public schools or making angry remarks that could give rise to a charge of making terroristic threats. In these cases, the same laws apply, but most cases are handled in the juvenile justice system through a different process.
When a juvenile is charged with making terroristic threats, they may be detained and required to appear in court. These cases usually occur in the Family Division of the New Jersey Superior Court. Juveniles must have an attorney if they appear before a judge.
During the hearing, the judge will decide whether the evidence supports the allegation that an act of delinquency occurred. If the juvenile is found delinquent, it is similar to being found guilty in adult criminal court. The judge may then impose a custodial or non-custodial disposition, which may include penalties such as placement outside the home, probation, or counseling.
The severity of the penalties for juveniles often depends on mitigating circumstances, such as whether a weapon was used when the threats were made. Because these cases are fact-specific, it’s wise for families to consult a juvenile terroristic threats attorney as soon as possible.
Speak with William Fay, Esq., About Terroristic Threat Charges in Ocean County
If you’re facing Ocean County, NJ, terroristic threats charges, the attorney you choose can significantly affect the outcome of your case. During his time as a New Jersey Deputy Attorney General, Mr. Fay gained a deep understanding of how the state builds its cases and where those cases can fall apart. Now, he puts that knowledge to work for clients across New Jersey, having secured outcomes that include dismissals, acquittals, and reduced charges. Past results do not guarantee future outcomes.
Here’s what one former client had to say about working with our law firm:
“William Fay represented me recently and I was very pleased to have used him as my counsel. He is extremely knowledgeable with the law and is known by the Judges and Prosecutors. I would highly recommend William Fay as counsel.”
If you’re ready to put an experienced New Jersey terroristic threats defense lawyer in your corner, contact The Law Offices of William C. Fay IV today for a free case review.