If you have been charged with or accused of making criminal threats, then it is important that you know the best defense options available to you. The best way to find out what will work for your unique situation is to contact a criminal defense attorney for a consultation. You can call Chambers Law Firm for a free legal consultation. In the meantime, you can also keep reading to learn five of the most common defense options that are used.
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The Threat Was Not Specific and/or Immediate Enough
For it to be an illegal criminal threat, the defendant must have made a threat that was specific and immediate. If they made a vague threat, such as “I’m going to get you!” then this is not legally a criminal threat. If the threat was not immediate, such as “Someday I’ll stab you in the chest,” then it is not a criminal threat. Your attorney might work to show that either of these is the case.
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The Fear Felt by the Alleged Victim Was Not Reasonable
The threat must also have caused reasonable fear within the victim. If a three-year-old threatened a 40-year old professional athlete by saying they were going to beat them up, this would not likely be considered a threat that caused reasonable fear in the victim.
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The Threat Was Not Given in a Certain Way
In order for it to be a criminal threat, the threat must have been given in writing, verbally, or through an electronic device. If the alleged threat was given in a different way, then it would not qualify as a valid criminal threat.
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The Alleged Victim is Lying
Of course, the above assume that there was a threat made, but that is far from always the case. There are many reasons a person might lie and say they were the victim of a criminal threat. They might be trying to gain the upper hand in a custody battle, getting back at an ex-boyfriend or ex-girlfriend, or for many other reasons. Regardless of the cause, no one should be held responsible for a crime they did not commit.
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There Was No Threat Made
It is possible that there was no threat made at all. Is this the same as the victim lying? Not necessarily. They might have misunderstood something, or the threat might have been intended for someone else. Regardless, if there is no threat made to the alleged victim, then there is no crime.
These are five of the defense options to a charge of making criminal threats. To find the right defense options for your case, contact Chambers Law Firm at 714-760-4088 for a free legal consultation. We will base your defense on the facts of the case with the goal of the best possible outcome for you.
