The crime of terroristic threats is one of Pennsylvania’s most frequently prosecuted offenses. Unfortunately, a terroristic threat charge can cover a wide range of conduct. Examples include bomb threats, bar fights, road rage incidents, and neighbor disputes. Other examples include violent threats made through social media, phone calls, text messages, or e-mail. As a result, hiring an experienced PA terroristic threats defense lawyer is crucial once the police charge you with this crime.
Why You Need a Skilled Criminal Lawyer for Terroristic Threats
The police will aggressively investigate all reports of terroristic threatening. In addition, a Pennsylvania terroristic threats charge can have serious long-term consequences.
Depending on the circumstances, a charge of terroristic threats can be graded as a misdemeanor or felony, possibly leading to jail time, substantial court costs, and permanent damage to your reputation and standing in your community.
A Terroristic Threat Lawyer Will Protect Your Rights
Therefore, you need a criminal defense lawyer who can analyze all available legal defenses, negotiate a dismissal of the charges, and, if necessary, take the case to trial to gain a jury acquittal. I have extensive experience in all phases of terroristic threat cases, from arrest and plea bargaining through trial, if necessary.
Unfortunately, the impact of a conviction for terroristic threats can be even more devastating for a young adult. A terroristic threat charge may prevent a young adult from entering a 1st-time offender program that would enable the juvenile to get the criminal case expunged from their record.
Charged with terroristic threats. You should consult an experienced terroristic threat attorney before waiving your legal rights or pleading guilty. Contact me at (215) 752-5282 to discuss strategies to fight the charges.
A Terroristic Threat Conviction Can Destroy Your Future
Unfortunately, a conviction or juvenile finding of terroristic threats may suggest to others that you have committed a terrorism-related crime. In addition, some people may conclude you have difficulty controlling your anger.
Furthermore, your child may be subject to school expulsion proceedings if the alleged threat occurred on school property.
The damaging effects of a terroristic threats conviction can follow you long after your case is over. As a result, employers and college admissions officers may be reluctant to extend employment or school acceptance offers to individuals with a criminal record for terroristic threats.
You May Have Difficulty Finding Employment After a Terroristic Threats Conviction
How bad is a terroristic threat charge? Unfortunately, a conviction for terroristic threats may make it difficult for you to find employment. It could also make passing a background check, receiving professional licensing or certification, traveling abroad, or lawfully possessing a firearm difficult.
Many employers will avoid hiring someone with a terrorist threat record. Their primary concern is the potential company liability if the behavior is repeated. This is a significant factor that may negatively influence the hiring decision.
Others may question whether the offense indicates that you have an unresolved psychological issue.
Juvenile Terroristic Threats
Having handled numerous cases involving juveniles charged with terroristic threats, I can attest to the gravity of these situations. The most common scenarios I’ve encountered include written or verbal threats of violence exchanged between teenagers or more severe incidents involving threats of school violence.
It is crucial to understand that even joking about school violence can lead to serious legal consequences for a child. The child could face charges in juvenile court, immediate placement in juvenile detention, and be subjected to a court-ordered psychological risk assessment to determine if they can be released home.
Regrettably, the impact of a juvenile court terroristic threats adjudication can be even more devastating for a young person.
A Terroristic Threat Conviction Can Have a Harmful Impact on College Admissions and Employment for a Young Adult
Furthermore, a juvenile terroristic threat record may be difficult to immediately expunge. The arrest record carries a damaging negative stigma that may follow your child. Finally, a terroristic threat record may adversely affect their ability to become employed, get into college, and limit other personal and professional opportunities.
Have the police filed terroristic threats charges against your child in juvenile court? Review the PA Juvenile Defense Lawyer page for information about juvenile court proceedings.
Montgomery County PA Terroristic Threats Attorney
Have the police filed a charge of terroristic threats? I have defended people in over 300 terroristic threats cases in Bucks County, Montgomery County, Delaware County, Chester County, Philadelphia County, and the surrounding Pennsylvania Counties.
Contact me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Terroristic Threats PA
According to Pennsylvania law, a person commits a terroristic threat if that person communicates, either directly or indirectly, a threat to:
- Commit any crime of violence with intent to terrorize another; or
- Cause evacuation of a building, place of assembly, or facility of public transportation or
- Otherwise, cause serious public inconvenience, cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience
It is essential to note terroristic threats charges under sections 2 and 3 only require the communication of a threat and do not require a threat to commit a crime of violence with the intent to terrorize others.
What is a Terroristic Threat
Unfortunately, there is a lot of confusion about what is considered a Pennsylvania terroristic threat. Moreover, the vast majority of terroristic threats cases in Pennsylvania are filed as a 1st-degree misdemeanor crime.
Under Pennsylvania law, the district attorney must prove both of the following elements to prove the misdemeanor crime of terroristic threats:
- A person, either directly or indirectly, threatened to commit a crime of violence; and
- The person communicated the threat with the intent to terrorize another person
Therefore, the prosecutor must not only prove that you threatened to commit a crime of violence but that you also had a particular mental state (intent to terrorize a person) at the time you made the threat.
What You Need to Know if You’re Accused of Making a Terroristic Threat
To get a conviction, the district attorney does not need to prove any of the following facts:
- You could carry out the threat
- You actually carried out the threat
- The victim believed you would carry out the threat
- You communicated the threat directly to the victim
- You conveyed the threat to the victim verbally or in writing (can be a physical act or gesture)
Terroristic Threats Case Examples
There is a lot of confusion about what constitutes a terroristic threat. The Police will consider a broad range of conduct as a crime; terroristic threat examples include any of the following:
- Communicating a bomb threat
- Pointing a gun at another person
- Threatening to murder another person over the phone, by text, e-mail, or in person
- Posting a threat to kill another person on YouTube, Facebook, TikTok, or other social media platforms
- Threatening to assault another person
Can the Police Charge me With Terroristic Threats if I Do Not Make a Verbal Threat or Written Threat?
Yes, the police can charge you with making a terroristic threat even if you do not make a verbal or written threat to commit a crime of violence. This includes a category of terroristic threats cases referred to as “gesture-only” terroristic threats.
Gesture-only terroristic threats cases involve person-to-person contact where the suspect makes one or more physically violent gestures towards another person.
Examples of gesture-only terroristic threats include the following:
- Pointing a rifle at a person
- Placing a handgun in someone’s face
- Using your hands to mimic the firing of a gun in the direction of another person
Is Terroristic Threats a Felony in PA?
Yes, in some cases. A terroristic threat is a third-degree felony if the threat causes evacuation or disruption of a place of assembly, facility, or public transportation. This classification underscores the serious response and safety measures taken in response to such threats.
It is important to note that most terroristic threat cases involve threats between individuals and do not involve the evacuation of a building or the disruption of the public. Also, it is rare for the police to file terroristic threats charges related to actual domestic terrorism.
Regarding domestic terrorism charges, the United States Attorney typically takes the lead over state and county prosecutors. The United States Attorney’s Office will file these charges in federal court after a grand jury indictment.
Terroristic Threats PA Punishment
A Pennsylvania terroristic threats charge is among the highest-graded offenses in the Pennsylvania Crimes Code. The following are the Pennsylvania terroristic threats penalties:
- Misdemeanor of the first-degree
- Up to 5 years in state prison
- Up to $10,000 in fines
- Felony of the third-degree
- Up to 7 years in state prison
- Up to $15,000 in fines
Terroristic Threats Jail Time
In some cases, a conviction for terroristic threats can result in a judge sentencing you to jail. However, you will be more likely to go to jail for a terroristic threat under any of the following circumstances:
- The police charge you with terroristic threats felony
- The terror threat resulted in the evacuation of a residence, school, or commercial building
- You have previously been convicted of making terroristic threats
- The incident involved a verbal death threat and the physical display of a firearm
Therefore, it is critical to immediately consult with a terror threat lawyer if the police are investigating you for a terroristic threats charge.
Can my License be Suspended if I am Convicted of Terroristic Threats?
Yes. The Pennsylvania Department of Transportation (PennDOT) will suspend the driving privileges of any adult or juvenile convicted or adjudicated for the crime of terroristic threats.
However, the terroristic threat must have occurred on school property or during any school-sponsored event. As an example, the period of suspension will be applied as follows:
- 1st offense: 6-month driver’s license suspension
- 2nd offense: 1-year driver’s license suspension
- 3rd offense: 2-year driver’s license suspension
Defending Terroristic Threats Charges in Pennsylvania
Common terroristic threat defense strategies include any of the following:
- Prove the accuser is lying about the alleged threat (see below)
- Show the threat was taken out of context
- Establish the threat was constitutionally protected free speech (1st Amendment)
- Demonstrate the threat was made in self-defense (justification)
- Prove you were provoked into making the threat (provocation)
- Show the threat was made as a result of transient anger (see below)
- Establish the threat was never made (absence of proof)
- Prove the accuser did not actually receive the threat either directly or indirectly
- Show a prior congenial history with the accuser (no intent to terrorize)
- Prove the alleged threat was ambiguous or unclear
- Show you were suffering a severe mental health crisis at the time of the threat
Do your charges fall within one of these categories? Contact me at (215) 752-5282 for a free case analysis and to begin preparing your defense.
How To Get Terroristic Threat Charges Dropped
To achieve a successful outcome in a terroristic threats case, I thoroughly examine all evidence, including a complete review of all possible legal defenses. We will meet in person to discuss the case’s facts and prepare an aggressive defense.
In some situations, I have convinced the judge to dismiss the case because the alleged threat or statement does not meet the legal definition of a terroristic threat. For example, the statement “You are going to regret this!” is not a terroristic threat.
In other cases, I persuaded the prosecutor to drop the charges because I could prove that the accused never communicated the threat to the alleged victim.
Prove the Accuser is Lying About the Alleged Terroristic Threat
In many cases, the sole objective of your legal defense strategy is to prove that the complainant fabricated the accusation. It’s a sad reality that individuals often falsely report such threats to the authorities.
It is common for the accuser to have a hidden motive to make a false claim, whether against a stranger, domestic partner, spouse, or neighbor. Uncovering these hidden motives is a key part of your defense strategy, putting you in a position to win your case.
The reasons a person might make a false terroristic threat report to the police include the following:
- Revenge
- Uncontrolled anger against you
- An attempt to gain leverage in a custody matter
- Using a false accusation of a terroristic threat to hide their own criminal behavior
- To gain exclusive possession of a joint residence
In many instances, I have established that the accuser lied about the alleged threat through vigorous cross-examination in court. This type of questioning is a potent tool for revealing the accuser’s lack of credibility. It can be the key to the dismissal of the case.
To prove this, I demonstrate that the complainant may have given inconsistent versions of the incident to the police, emergency dispatch, or family members and friends. In other cases, I have shown that the accuser made up the accusation to solely get the accused put in jail.
Is Transitory Anger a Defense to Terroristic Threats?
Yes. Momentary or “transitory anger” is one of the most effective defenses against a terroristic threats case. Not every threat of violence is a terroristic threat.
Temporary anger is common in cases involving arguments or other types of verbal disputes. If proven in court, transitory anger is a complete defense to the crime of terroristic threats as it negates the required “intent to terrorize” element of the offense.
What is Transitory Anger?
Transitory anger occurs when a person temporarily loses their temper due to an argument or other stressful circumstances. Unfortunately, this type of spur-of-the-moment anger is common.
Also, momentary anger can occur among the calmest and most level-headed people. I have been successful in using the transitory anger defense to get terroristic threats cases dropped, withdrawn, downgraded, or to get a jury acquittal.
How Do I Know If I Have a Transitory Anger Defense to Terroristic Threats?
Some or all of the following factors can create a legal defense to the charge of terroristic threats:
- The alleged victim provoked the incident
- The accused made a single threat
- The accused made the threat during an unexpected, chance encounter
- The accused made the threat during a period of momentary anger
- The accused did not make threats of future violence
Have the police accused you of making terroristic threats. Contact me at (215) 752-5282 for a free review of your case.
Can My Terroristic Threats Case be Reduced to a Lower Charge?
Yes. A Defendant’s post-arrest completion of anger management treatment or other counseling will often result in the prosecutor lowering the charges.
In other cases, the police may not have sufficient evidence to prove their case in court. In those situations, it is common for the prosecutor to offer to withdraw the charges or offer a summary offense or offenses through a plea agreement.
Can a Terroristic Threat Charge be Expunged?
Yes, under certain circumstances. A terroristic threats charge can be expunged if any of the following occurs:
- You successfully completed a pre-trial diversion program for the offense
- You were acquitted of the crime of terroristic threats by a judge or a jury (automatic expungement)
- Your terroristic threats charge was downgraded to a lesser charge under a plea bargain (eligible for partial expungement)
- You were granted a Governor’s Pardon for a terroristic threats conviction
- The terroristic threats charge was withdrawn, dismissed, or nolle prossed by a prosecutor or judge
Are you looking for more information about the expungement of a terroristic threat record? If so, visit my PA Criminal Record Expungement Lawyer page for more detailed information about the expungement process.
How a PA Terroristic Threats Defense Lawyer Can Help You
As an experienced PA terroristic threats defense attorney with a proven track record of success, I will review your case’s evidence and negotiate with the district attorney.
These negotiations will aim to reduce the penalty for terroristic threats, potentially through providing proof of anger management counseling, emphasizing your minimal or clean criminal record, or establishing extenuating circumstances in the case.
I can positively influence the district attorney’s decision by taking proactive steps, often leading to a reduced charge or favorable sentencing recommendation.
Bucks County Terroristic Threats Lawyer
Arrested for terroristic threat? Were your charges based on outright lies or due to an innocent argument? If so, contact me immediately. As an experienced terroristic threat attorney, I offer skilled criminal defense at affordable rates.
My practice area includes Bucks County, Montgomery County, Chester County, Delaware County, Philadelphia County, and the nearby Pennsylvania Counties.
Phone lines are open 24 hours daily at (215) 752-5282. Call today for a free consultation or fill out the confidential contact form for an immediate response.
