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New Jersey Terroristic Threats Lawyer
It’s a situation many of us have found ourselves in. In the heat of an argument, you say something you don’t mean. You were angry, frustrated, or maybe you just wanted someone who was making your life difficult to finally leave you alone. A comment you intended as a joke is taken the wrong way. Often, because of the emotions involved between spouses and family members, during an argument that leads to domestic violence, threats of harm may have been issued with a disregard for their potential consequences.
In New Jersey, a threat doesn’t have to be spoken. An action, like pointing a gun in someone’s direction, can be enough to cause fear and lead to serious charges. It doesn’t matter if you never intended to follow through. If your words or actions made someone genuinely afraid for their safety, the safety of their loved ones, or their property, you could be facing a charge for making a terroristic threat.
The consequences for this charge are significant. A conviction can have a lasting impact on your life.
If you find yourself in this situation, it is important to understand your rights and the legal challenges ahead. Hackensack, New Jersey criminal attorney Adam M. Lustberg has represented numerous individuals charged with terroristic threats over the years, and he knows how to defend you against a charge of terroristic threats in Paramus, Elmwood Park, Bloomfield, Newark, or any place within New Jersey. If you have been charged with terroristic threats in New Jersey, Adam M. Lustberg can help.
Call us at (201) 880-5311 to schedule a consultation with our New Jersey terroristic threats lawyer at Lustberg Law Offices, LLC.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
You may be replaying the moment when those words left your mouth or that message went out. A terroristic threats charge now sits on your shoulders. In New Jersey, the law treats any threat of violence as a serious public safety issue, and a conviction can bring 3-5 years in state prison.
Under N.J.S.A. 2C:12-3, you commit a third-degree crime if you threaten to commit violence with the goal of scaring someone, clearing out a building, shutting down public transit, or causing other large-scale disruption. The charge rises to second degree, with even steeper penalties, when the threat happens during a declared state, national, or county emergency. It does not matter if you knew the emergency had been declared.
The crime of terroristic threats in New Jersey is defined as:
Words spoken in the heat of the moment can lead to serious legal trouble. You might be surprised to learn that most terroristic threat charges arise from disputes between people who know one another. These situations can happen to anyone. During a stressful domestic argument, a disagreement with a neighbor, or a fight fueled by alcohol, it is easy to say something you do not mean, such as, “I’m going to kill you!”
You may have had no intention of following through, but the court might not see it that way. Your words alone can be enough to lead to a conviction. In recent years, road rage has also become a common trigger. Tempers flare, things escalate, and threats are made against another driver in a moment of frustration. These angry outbursts can quickly turn into a criminal charge.
New Jersey criminal defense lawyer Adam M. Lustberg and our team of New Jersey criminal defense attorneys may be able to help you if you are facing a terrorist threats charge. Our lawyers will work hard to defend your legal rights and help you avoid jail time. We may also be able to prove that you are innocent of the charges against you. We are well-versed in criminal law in New Jersey and we will use our experience to provide advice and support for your case.
Call our law firm today at (201) 880-5311 for a free consultation with our NJ attorneys.
With a career built on fierce advocacy and unwavering client commitment, Adam M. Lustberg is a seasoned New Jersey criminal defense attorney who focuses exclusively on defending individuals facing serious criminal charges, including terroristic threats. From his early days representing juveniles at the Essex County Public Defender’s Office to handling felony trials, Mr. Lustberg has maintained a tireless dedication to protecting his clients’ rights at every stage of the legal process. His comprehensive courtroom experience and hands-on approach make him a formidable advocate when your freedom and reputation are at stake.
A graduate of Seton Hall University School of Law, Adam M. Lustberg is licensed in both New Jersey and New York. Over the course of 14 years, he has represented clients in cases ranging from municipal offenses to homicide, earning accolades such as a 10/10 Avvo rating, “SuperLawyers – Rising Stars” recognition, and a place on the National Trial Lawyers Top 100 list. Known for his meticulous preparation and persuasive advocacy, Mr. Lustberg is the legal ally you need when facing allegations of making terroristic threats in New Jersey.
A person can be charged with either a third-degree criminal offense or a second-degree terroristic threat. A second-degree terroristic risk is rare, as it can only be charged if the violation occurred during a national, state, or county emergency. A third-degree terroristic threats charge is the most common.
Below are the penalties for each level of this offense:
Additional consequences can be imposed if the victim of a terroristic threat is someone covered by the Prevention of Domestic Violence Act (“PDVA”) of 1991. If this is the case, a restraining order could be issued against the accused which prevents the accused from being in contact with the victim. This restraining order also allows for parallel proceedings in the Family Court to decide if the restraints should be made permanent and final.
Lustberg Law Offices, LLC’s team of experienced criminal lawyers has the knowledge to navigate criminal law in New Jersey. We work hard and use our resources to help clients fight their charges and mitigate legal consequences. We work diligently to build a case and legal strategy to protect your rights and your best interests.
Call our office today at (201) 880-5311 to schedule a free consultation about your criminal charges.
| Offense Level | Penalties |
|---|---|
| Third-Degree Crime | Up to $15,000 fine and 0–5 years in prison |
| Second-Degree Crime (during a declared emergency) |
Up to $150,000 fine and 5–10 years in prison |
| Additional Consequence | Possible restraining order if the victim qualifies under the Prevention of Domestic Violence Act (PDVA) of 1991 |
To charge someone with terroristic threats, initially, the only factor necessary is the terrorizing threat of physical injury to a person or property, such as, “I’m going to burn your house down while you’re asleep!” It also applies to threats of violence against a third person important to you, such as, “I’m going to kill your entire family!” Also, some wordless actions constitute terroristic threats, such as putting a gun to someone’s head or brandishing a knife in their direction.
In these instances, the threat must cause fear in the mind of a reasonable person, and there must be a chance that violence may be carried out. If the threat does not or cannot reasonably be considered to cause fear of physical violence or property violence, it probably should not be considered a terroristic threat.
Criminal law in New Jersey can be complicated to navigate, especially for someone who is not accustomed to the laws in NJ. Having a skilled and dedicated criminal attorney like attorney Adam M. Lustberg can make all the difference in the charges that you face. Attorney Lustberg may be able to provide his clients with more information about their cases and explore all the possible avenues for their defenses. If you or a loved one is facing terroristic threats charges or any other criminal charges in NJ, it is important to seek the help of an experienced lawyer right away.
Contact our New Jersey law office at (201) 880-5311 to schedule a free consultation.
A tenacious litigator who won’t back down. Prepared to challenge the evidence against you and will fight to protect your rights.
Although terroristic threats can be made in many contexts, the domestic violence setting is the most common. A terroristic threat can arise with co-workers, neighbors, current and former spouses/girlfriends/boyfriends, students, or a virtually endless number of other ways. A threat of violence against another person is enough to warrant a terroristic threat charge, whether it was made verbally, via text, email, or through third parties.
Threats may include threats to injure, damage, or destroy someone’s property or to inflict the exact same threats on someone whom the person is sharing a relationship with. The threat does not have to be linked to an object, but it is sufficient that the threat is made and reasonably results in fear. As long as the circumstances are such that the person will believe that threats will be carried out, then there is a terroristic threat.
Remember that terroristic threat law requires a “serious threat” and not just angry expressions. An attempt to harm a disorderly individual’s reputation will not warrant a charge of terroristic threats. Courts should evaluate each case individually and consider whether the threat is serious enough to be considered a terroristic threat. This standard is crucial in selecting the right trial lawyer, who can properly present the facts and the law.
A threat to kill someone is a violation of 2C:12-3. The law states that the accused must possess a specific intent to place the victim in imminent fear of death. This means that the threat must be made in circumstances that are likely to result in death.
NJ attorney Adam M. Lustberg is experienced in dealing with terroristic threats and navigating the criminal law in New Jersey. He may be able to help you protect your freedom and your rights if you are facing charges of terroristic threats anywhere in New Jersey. Attorney Lustberg understands NJ criminal law and he may be able to help you explore all the avenues available to dismiss your NJ case. Call our law firm today to speak with our skilled NJ criminal attorneys about your case. We offer a free consultation for criminal cases in New Jersey. We may be able to answer your questions and give you advice on what you should do in your case.
Pretrial intervention, also known as PTI, is a program that allows first-time offenders to avoid a criminal charge and the associated penalties. This program allows diversion for third- and fourth-degree offenses. It typically requires one-year probation. After the PTI probationary period is completed, the original terroristic threat indictment or complaint is dropped. It is important to keep in mind that just because an individual is eligible, it does not mean that they will be admitted to the program. Objections from prosecutors can lead to rejection from Pretrial Intervention.
Attorney Adam M. Lustberg is an experienced lawyer who is skilled at navigating criminal law in New Jersey. He works hard to defend the rights of an accused criminal offender and explores all the avenues available for their defense. Attorney Lustberg may be able to help you create a solid defense strategy that may help you avoid the corresponding penalties of your criminal charge. Contact us today to schedule a consultation.
To convict someone of terroristic threats charges, the State must show the following elements beyond a reasonable doubt:
It is necessary for the State to prove beyond reasonable doubt that the defendant was threatening to commit violence. The jury should be instructed by the trial court on the elements of the crime of violence the defendant was threatening to commit. It is important to keep in mind that the terroristic threats must be severe enough to convey fear to another person in order for the State to convict the accused.
An accused will be found guilty of making terroristic threats if the jury determines that all elements have been proven beyond reasonable doubt by the State. Otherwise, the State is not able to convict the accused.
New Jersey criminal attorney Adam M. Lustberg is very skilled in his field and has been helping those who are facing criminal charges for years. His experience in navigating criminal law in New Jersey can be an asset for those who are in need of legal representation. Criminal law can be a very complicated terrain for someone who is on the verge of being convicted, but having a skilled NJ criminal defense lawyer can make all the difference.
For a free consultation with our top-rated lawyers about your situation, call our New Jersey law office today on our phone number (201) 880-5311.
Contrary to common belief, the prosecution does not have to prove that you made big terroristic threats, such as a bomb threat or other violent threats, in order to be convicted. Terroristic threat cases usually happen in private relationships and arguments. Because the burden of proof that you committed the crime of terroristic threats is the responsibility of the prosecution, they must prove that the following elements were present:
It is crucial to prove the “reasonableness” element in a terroristic threats charge. The prosecution must show that the victim believed the threat in order to convict the accused. This is where context and circumstantial evidence are very important. The accused may have said something along the lines of “I’m going out to kill you”, but this statement by itself will not be enough to prove that the accused must be convicted. It is necessary for the prosecution to prove that the accused intended it to be believed by the other party and it was reasonable that the other person could believe it.
As an experienced, knowledgeable NJ criminal defense attorney, Adam M. Lustberg understands the nuances of the terroristic threats statute thoroughly. His thorough grasp of criminal law in New Jersey enables him to defend a client from a conviction for their crimes. As a skilled NJ terroristic threat and NJ domestic violence attorney, Adam M. Lustberg can dissect the prosecution’s case, argue intent, negotiate charge dismissal or reduced charges, and, if a case goes to trial, defeat prosecutorial witness testimony, among other criminal defense strategies. Attorney Lustberg may also be able to help you through the process.
To schedule a free consultation with experienced New Jersey criminal attorney Adam M. Lustberg about your criminal charges and to learn more about services, call our law office today.
The First Amendment shields spirited debate, yet it stops at “true threats.” When words cross that line, they lose protection, and New Jersey may charge you under N.J.S.A. 2C:12-3 for terroristic threats. A true threat is more than harsh language; it is a statement that a reasonable listener would take as a serious promise of violence, made with disregard for how frightening it sounds.
In 2023, the U.S. Supreme Court clarified the rule in Counterman v. Colorado: prosecutors must prove you consciously ignored a substantial risk that your words would be understood as real violence; recklessness, not purpose, is enough. On January 16, 2024, the New Jersey Supreme Court adopted that same test in State v. Fair, confirming that a reckless mental state satisfies both the federal and state constitutions. Courts now weigh context, audience, tone, past interactions, and the platform where the words appeared to decide if the message truly threatened harm.
Your defense flips those factors in your favor. We work to show that an ordinary person, in the recipient’s position, would have heard frustration, hyperbole, or dark humor rather than a genuine plan for violence. Screenshots, witness statements, and social-media history often reveal missing context that strips the message of menace.
If you face a terroristic-threat charge, legal guidance can protect your record and your freedom. A seasoned New Jersey attorney can collect evidence, challenge the state’s narrative, and present the full story so reckless-speech allegations do not become convictions.
Before your NJ terroristic threats case goes to trial in a superior court, many negotiations and interventions could help minimize or eliminate the potential consequences of your charges. Time is critical, and it’s never too soon to begin to build a strong case against your terroristic threats charges in Hackensack, Paramus, Fort Lee, Newark, or elsewhere in New Jersey. We may be able to help you receive a more favorable outcome.
We may also be able to help if you are facing other misdemeanor or felony charges. As seasoned litigators, we have handled cases involving terroristic threats, assault, and many others. We can use this experience to help you protect your freedom.
Call Hackensack criminal attorney Adam M. Lustberg now at (201) 880-5311 to begin the fight for your rights. You can also fill out the online form to schedule a free initial consultation about your case.
