Why You Should Never Threaten Someone: A Guide to Criminal Threat

Published April 17, 2024

We all have a right to personal safety. When someone threatens us, we can rise above the fear and take actions that will protect us. It will never be okay for someone to communicate a threat of harm to you, be it physically or verbally. 

This article will discuss everything you need to know about criminal threats. We’ll educate you on the topic’s intricacies and empower you in case you’re in a similar situation. Let’s start. 

Is It Illegal To Threaten Someone?

It is generally illegal to threaten someone. This act constitutes a criminal offense. In many places, it falls under laws related to assault, harassment, or specific threats such as making terrorist threats. 

What Is a Criminal Threat?

A criminal threat involves one person threatening another with physical harm or death. A criminal threat is when someone: 

• Threatens to kill or seriously injure someone else
• The danger is verbal, in writing, or communicated via an electronic medium 
• The recipient is placed in a state of reasonably sustained fright for their safety
• The threat is unequivocal, unconditional, immediate, and distinct 

It does not affect whether you can carry it out or if you even meant it. Suppose all four elements of the crime above are true. You could be found guilty of eliciting criminal threats. 

Communicating a Threat of Harm

A person can translate a threat in almost any form. They can translate it in writing, verbally, electronically, or by means of a third person. There are also cases when a defendant’s non-verbal body language, gestures, or acts adequately communicate a threat of harm. 

Intent To Threaten Harm

Criminal threats are made with the explicit intention of instilling someone in fear of injury or death. It doesn’t matter if the defendant aims to carry out the threat. Also, many states don’t demand proof that a victim underwent fear or terror. Instead, it’s the intent of making the threat that matters. 

Specificity and Credibility of Threats

The threat must be capable of instilling someone in fear of harm. It must also direct them to conclude that it is credible, accurate, and imminent. If you threaten to blow up the world if you do not secure a Taylor Swift ticket, no reasonable person hearing it would believe it. Conversely, if you walk into a store with a gun and threaten to shoot everyone, that threat is credible and specific. 

Are Death or Bomb Threats Illegal?

Yes. In many states, they are considered criminal threats. Some states sanction making threats of serious harm or death harsher than other dangers. 

A person can also conduct a crime by threatening to blow up a building. In most states, translating a threat to detonate a bomb or explosive at a named location, whether fact or bluff, is illegal. In such scenes, the defendant recklessly causes terror or fear in others. These types of actions can result in felony penalties. The law may impose even harsher sanctions if the threats result in an evacuation, emergency response, bodily harm, or a serious public inconvenience. 

Can You Go to Jail for Threatening Someone?

Yes. You can be incarcerated for threatening others. Depending on the severity, you could face misdemeanor or felony charges. If convicted, you could serve time in jail or prison. 

Suppose you are facing charges for making a threat. You must contact a seasoned criminal defense attorney. An attorney can help you deal with the charges against you and defend you in court. 

Penalties for Making Criminal Threats

Criminal threats are recognized as” wobblers.” This means that they can be prosecuted as a misdemeanor or felony. The charges will be anchored on the facts of the case and the defendant’s criminal history. 

As a misdemeanor, it’s punishable by: 

• Up to 1 year in county jail 
• $1,000 in fines 

As a felony, the penalties increase substantially: 

• Up to 3 years in prison 
• $10,000 in fines 

Defenses Against Criminal Threats

If you have been accused of making criminal threats, you could have a selection of defenses available. Based on the facts of the case, it’s possible to argue defenses such as: 

• The danger was too vague or ambiguous 
• It didn’t suit the legal definition of “immediate.” 
• It didn’t put the person into a state of actual fear
• The recipient’s fear was unreasonable
• The fright wasn’t sustained
• False accusations