In New Jersey and across the country, terroristic threats are on the rise. While we often think of a “terrorist” as someone from an adversarial country or a fringe domestic group making threats against large groups of people, anyone can be charged with a terroristic threat if they threaten violence with the intention of terrorizing another person or group. If you have been charged with a terroristic threat in NJ, contact a New Jersey terroristic threats lawyer from Lustberg Law Offices, LLC today.
In the state of New Jersey, the threat of violence is taken just as seriously as the actual commission of violence. Under N.J.S.A. 2C:12-3, a person can be convicted of a third-degree crime if “he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.” Additionally, a person can be convicted of a terroristic threat crime “if he threatens to kill another with the purpose to put him in imminent fear of death” causing the victim to believe his life is in jeopardy.
What Is Considered a Terroristic Threat?
In New Jersey, a terroristic threat is a serious offense where a person threatens to commit violence with the intent to cause fear or terror. This can be directed at an individual, a group, or the public. A threat is considered “terroristic” if it is a specific, immediate threat that causes someone to fear for their life or safety.
To be charged with making a terroristic threat, the individual must intend to terrorize the victim or act so recklessly that it results in fear. A threat can be communicated in various forms, such as verbally, in writing, or through someone else. It may involve threats of physical harm, threats to a person’s loved ones, or damage to property. However, vague or distant threats typically do not meet the criteria.
Terroristic threats often involve an intent to scare someone into believing their life or safety is in immediate danger. This crime is taken seriously, with severe legal consequences, because it disrupts the sense of security and can cause panic. New Jersey law ensures that these types of threats are met with appropriate legal action.
A skilled New Jersey terroristic threats lawyer can help you understand your legal options and provide a strong defense against these serious charges. With their knowledge of state laws and experience in handling similar cases, they can guide you through the legal process, protect your rights, and work towards the best possible outcome for your situation. Contact Lustberg Law Offices, LLC today to schedule a consultation.
Legal Penalties for Terroristic Threats in New Jersey
The penalties for a terroristic threats conviction in New Jersey are determined by state law, although the final sentence can differ based on the specifics of the case. Terroristic threats charges are usually considered third-degree offenses unless they were committed during a state of emergency, in which case the charge is elevated to a second-degree offense.
Under the doctrine of merger in New Jersey, a terroristic threats conviction may be combined with a conviction for a higher-grade crime when the terroristic threats offense is a lesser-included offense or arises from the same criminal transaction. One example of this situation is when a person is convicted of first-degree robbery and also convicted of terroristic threats. In this case, the terroristic threats conviction will be considered a lesser offense which merges into the more serious offense. The individual cannot be punished separately for each offense. However, merger does not apply if the terroristic threats conviction is paired with a conviction for a lesser crime, such as simple assault, unless the lesser crime’s elements are fully contained within the terroristic threats charge or the offenses stem from the same criminal act, as determined by the court.
The doctrine of severance is a legal motion that can be filed when an individual is charged with separate offenses, such as a violation of a restraining order and a terroristic threat. It is not automatically unfair to be indicted for both. However, a defense attorney may argue that trying these charges together would be unfairly prejudicial. This is because testimony about the restraining order could improperly influence the jury when they are considering the separate terroristic threats charge. An attorney can file a motion for severance to ask for separate trials, protecting the defendant’s right to a fair hearing on each charge independently.
A highly skilled criminal defense attorney like attorney Adam M. Lustberg can be invaluable to your case if you are facing charges of terroristic threats in NJ. Call us today to schedule a consultation.
| Types of Terroristic Threats | Description |
|---|---|
| Verbal threat between individuals who know each other | Threats made in personal relationships or situations like road rage or bar fights |
| Threat involving the commission of a violent crime against a person or persons | Threats indicating an intention to carry out a violent act |
| Threat made for the purpose of terrorizing a person or causing building evacuation | Threats intended to create fear or panic in individuals or prompt building evacuations |
| Threat causing imminent fear for the lives of others | Threats that make individuals believe their lives are in immediate danger |
| Threat coupled with possession of a weapon | Threats made while in possession of a weapon |
Collateral Consequences of a Terroristic Threats Conviction in NJ
A conviction for terroristic threats in New Jersey brings life-altering consequences that extend far beyond the courtroom, leaving a permanent mark on your criminal record. This single conviction can create a cascade of significant and often unforeseen challenges that permeate every aspect of your life.
The professional ramifications are immediate and severe. When you seek employment, a background check will reveal this conviction, and many employers may hesitate to hire an individual with such a history, viewing it as a significant risk. This can close doors to countless job opportunities and affect your ability to provide for yourself and your family. For those in licensed professions like nursing, real estate, or education, the consequences can be career-ending. Many professional licensing boards may deny, suspend, or revoke a license based on a terroristic threats conviction. A proactive legal defense is the most effective way to protect your career, as an attorney can fight for an acquittal, a dismissal, or entry into Pre-Trial Intervention (PTI), which, upon completion, allows your record to be expunged.
Beyond your career, the conviction deeply impacts your personal life and fundamental rights. Finding safe and stable housing can become a major hurdle; while New Jersey’s Fair Chance in Housing Act prevents landlords from running a background check until after a conditional rental offer is made, a conviction can still ultimately lead to a denial. Furthermore, a conviction will result in the loss of your right to own firearms and can be used against you in sensitive family court matters, such as child custody disputes or restraining order hearings.
For non-citizens, the consequences are particularly dire. A conviction for a crime that can be considered one of “moral turpitude,” like terroristic threats, carries severe immigration risks. These can include deportation, denial of naturalization, or being deemed inadmissible to the country, regardless of how long you have lived here or the life you have built. Because these consequences impact every facet of your existence, addressing the charge with a strategic legal defense from the very beginning is the most critical step you can take to protect your future.
Not All Terroristic Threats Are Made to Public Safety
Consequently, not all terroristic threats are threats made to public safety. In many cases, a terroristic threat can be a verbal threat between two individuals who know each other or in cases of road rage or an alcohol-induced fight in a local bar. Many terroristic threats are made in conjunction with a domestic violence situation.
Because of the public and private safety aspects of terroristic threats, the state of New Jersey is taking these crimes very seriously. While you may consider a threat a minor flair of anger, the law will consider it something more. Your minor flair of anger may land you in jail, facing serious criminal charges if your threat:
- Was made personally to another person
- If the threat involved the commission of a violent crime against that person or persons
- If the threat was made for the express purpose of terrorizing that person or persons or causing the evacuation of a building
- If the threat is intended to terrorize or recklessly causes terror
If your threat is also coupled with the possession of a weapon, it is not only considered a more credible threat, but you may be facing additional weapons charges. In this case, when a possession of a weapon for an unlawful purpose occurs during a terroristic threat, penalties will be far more serious, with sentences possibly set by the judge to be served consecutively.
If you are facing a terroristic threat charge, it is critical to get the help of an experienced New Jersey criminal defense attorney to understand the consequences, your rights under the law, and your options.
Everyday Situations That Can Lead to Terroristic Threat Charges
Road rage incidents are a common occurrence that can easily escalate into terroristic threats. For example, imagine two drivers getting into a minor fender bender at an intersection. Both pull over to exchange insurance information. However, one driver becomes irate and starts yelling obscenities and threats at the other driver. In a fit of rage, he warns that he knows where the other driver lives and threatens to come to his house that night to teach him a lesson. This type of explicit threat of violence could potentially be considered a terroristic threat under New Jersey law.
Similarly, a public dispute between neighbors over something minor like noise or parking issues can also escalate if one neighbor loses control and makes threatening statements. For instance, one neighbor complains to another about loud music late at night. The noisemaker reacts angrily, getting in the neighbor’s face and threatening to assault or even kill him if he ever knocks on his door to complain again. Even if he has no intention to follow through, this deliberate threat of violence could be deemed terroristic if it was made in reckless disregard of the risk of causing terror.
Road rage, neighbor disputes, and other common interpersonal conflicts seem minor at first. However, they can cross the line into criminal charges if inappropriate threats are made in the heat of the moment. That is why it is critical for New Jersey residents to avoid making explicit or implied threats of violence during heated exchanges. A skilled terroristic threats attorney can advise individuals who have been accused of making terroristic threats during situations that escalated out of control.
Are Terroristic Threats Considered Violent Crimes in New Jersey?
Terroristic threats are classified as violent offenses, encompassing situations where an individual or a group is targeted with a threat of violence meant to induce fear. The state treats these offenses seriously, reflecting their potential to cause harm, though penalties may be less severe than for physical acts of violence.
Instances of terroristic threats can arise from various circumstances, including verbal altercations between acquaintances, incidents of road rage, altercations fueled by alcohol, or cases of domestic violence. The law does not regard a threat as a mere expression of anger but rather as a serious matter, warranting harsh legal repercussions.
Under N.J.S.A. 2C:12-3, individuals can face a third-degree offense for threatening to commit a violent crime (e.g., assault, murder) with the purpose to terrorize another or in reckless disregard of causing terror, or for causing the evacuation of a building, place of assembly, or public transportation. Threats made during a declared emergency elevate the charge to a second-degree offense. A threat to kill can also qualify if made with intent to terrorize or reckless disregard, without requiring the victim to believe their life is in imminent danger.
Conviction for a third-degree terroristic threat can result in 3 to 5 years in prison and fines up to $15,000, while second-degree offenses carry 5 to 10 years and fines up to $150,000. First-time offenders may receive probation in some cases, but penalties can be severe. Given these consequences, individuals facing terroristic threat charges should promptly seek a skilled criminal defense attorney to navigate the legal process and protect their rights.
Seeking Legal Help for Terroristic Threat Charges
A conviction for terroristic threats in New Jersey carries life-altering consequences, from significant prison time to steep financial penalties that can jeopardize your future. However, a charge is not a conviction. An effective defense is possible, but it requires the support of an experienced criminal defense attorney who understands the law and the prosecution’s tactics.
Adam M. Lustberg and the criminal defense team at Lustberg Law Offices, LLC, diligently protect your rights under the law to ensure your best possible outcome. If you are facing a terroristic threats charge, call us at (201) 880-5311 or contact us through our online contact form to schedule a consultation.
