Communicating Threats
In North Carolina, the crime of communicating threats is taken seriously and can lead to significant legal consequences. This offense, also known as verbal assault or malicious harassment, involves making a threat to harm someone or their property. The threat can be communicated verbally, in writing, electronically, or even through non-verbal body language.
Under North Carolina General Statute § 14-277.1, a person can be charged with communicating threats if they willfully threaten to physically injure another person or their property, and the threat is communicated in a manner that a reasonable person would believe it to be credible. The person receiving the threat must also believe that the threat is likely to be carried out.
Penalties for Communicating Threats
The penalties for communicating threats in North Carolina are severe. It is classified as a Class 1 misdemeanor, which can result in probation, fines, and even jail time. The seriousness of this crime is underscored by the fact that it carries harsher penalties than simple assault. Below are some of the possible punishments for this offense:
Probation
In many cases, a person convicted of communicating threats may be sentenced to probation. Probation allows the convicted individual to avoid jail time, provided they comply with certain conditions set by the court. These conditions may include regular check-ins with a probation officer, community service, attending anger management classes, and avoiding any contact with the victim.
Fines
Another common penalty for communicating threats is the imposition of fines. The amount of the fine can vary depending on the specifics of the case and the discretion of the judge. Fines serve as both a punishment and a deterrent to prevent future offenses.
Jail Time
In more severe cases, particularly if the threat was deemed highly credible or if the defendant has prior convictions, jail time may be imposed. A conviction for a Class 1 misdemeanor can result in a jail sentence of up to 120 days. The actual length of the jail sentence will depend on various factors, including the defendant’s criminal history and the circumstances of the offense.
Impact on Criminal Record
A conviction for communicating threats will result in a permanent criminal record, which can have long-lasting consequences. A criminal record can affect a person’s ability to find employment, secure housing, and obtain professional licenses. It may also impact their reputation and personal relationships.
Defending Against Charges of Communicating Threats
It’s important to understand that not all threats are considered criminal. For instance, statements made in jest or exaggeration are generally not prosecuted as communicating threats. However, if the threat is perceived as credible and intended to cause fear or harm, it can lead to criminal charges.
Legal Representation
If you are facing charges for communicating threats, it is crucial to seek legal representation from an experienced criminal defense attorney. A skilled lawyer can help you navigate the complexities of the legal system and build a strong defense to protect your rights.
At Doermann Edwards, we are dedicated to defending clients accused of communicating threats and other criminal offenses. Our team of dedicated attorneys is committed to providing comprehensive legal services to ensure the best possible outcome for your case. We have significant experience in all aspect of these cases whether it is a trial, deferred prosecution or other disposition we will strive to obtain the best possible outcome for your case.
If you or someone you know is facing charges for communicating threats in North Carolina, contact us today for a free consultation. You can contact us by phone at 336-314-3749 or by filling out our contact form here. We are here to help you understand your rights and guide you through the legal process.