7 Mistakes That Could Ruin Your Criminal Defense Case
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Being accused of a criminal threat can make the future uncertain. There’s no room for error. To avoid hefty fines and jail time, it’s important to have a strong lawyer to guide you through the Connecticut court system.
Erin Field will give you a plan to take back your life.
Most people don’t know that simply threatening someone else can result in a serious criminal charge that could include jail time if you are found guilty.
There are two classes of threatening under the Connecticut Penal code: first degree, which is generally terroristic threats to a group of people, or second degree, which is generally threatening a person with harm.
Call for a free legal consultation on your Connecticut criminal charge of threatening, and I’ll go over your case and help you determine your best options to beat the charges.
According to Connecticut criminal law, threatening to commit a crime is defined as follows:
It is a felony level charge (first degree threatening, also known as terroristic threats), if:
Threatening in the Second Degree is defined as:
|Threatening, 1st degree||1-5 years in prison
Up to a $5000 fine
|Class D Felony|
|Threatening, 2nd degree||Up to 1 year in jail
Up to a $2000 fine
|Class A Misdemeanor|
You are granted free speech in America, but you have to know that there is some limit to that in terms of criminal behavior. You are going to be limited to what you can say that are legal, and saying certain things can come with serious consequences. You can be arrested and charged with a crime, in some cases. You may be charged with a terrorist threat, a form of hurtful verbal harassment, as well as a threat to hurt someone physically.
If you were to criminally threaten someone, and you threatened to hurt someone physically, you can be charged with a crime. You might not have to have done it verbally to be arrested for it. If you did it via writing, email, texting, or even some aggressive body language such as a gesture, you can get in legal trouble. It is not always blatantly clear but if someone can prove that you non-verbally threatened them, you may face penalties.
Through Fear and Intent
In order to be charged with criminal threatening, you have to have had the intention of making the other person afraid for their health or their life. They may not actually have this fear, but if it was your intent, then you may face the consequences of this action. Your Connecticut criminal threat defense attorney will be able to defend you when the circumstances of your case are being deliberated on.
Using a Specific Threat
You cannot be charged with criminal threatening if what you threatened was not possible or it was extremely vague. You need to be physically capable of the threat that you give that could harm the person you threatened. Your attorney will be able to identify if what you are being charged for wasn’t a specific or reasonable threat. An example would be if you threatened to launch someone to the moon; a jury that hears this is not going to think that that was a real threat to harm you. But if you were to have a hatchet in your hand and say that you were going to hack someone, on the other hand, that is a feasible and specific threat.
Threat of an Assault
If you were to assault someone, in some cases that might be construed as a criminal threat. Assault can be when you physically fight someone or you use verbal harassment to threaten assault. To be specific, you are going to have to have done more than threaten to punch someone.
In a second degree threatening case, I can argue whether the alleged threats were serious and whether a reasonable person would take them seriously enough to be threatened.
Defending a first degree threatening charge may involve a motion to suppress or other due process or Constitutional issues and protections.
Please call me and tell me the specifics of your case, and I’ll lay out the best defense options for your particular charges and circumstances.
If you have been charged with criminal threatening, I strongly urge you to get in touch with me. I am an experienced Connecticut criminal threat defense attorney. The sooner you do, the better off you will be. I am eager to take your call and set up a consultation, so I can help.
|Threatening in the First Degree||CGS § Sec. 53a-61aa||Class D or C felony (1 to 10 years)|
|Threatening in the Second Degree||CGS § Sec. 53a-62||Class A misdemeanor or D felony (1 to 5 years)|
|Harassment in the First Degree||CGS § Sec. 53a-182b||Class D felony (1 to 5 years)|
|Harassment in the Second Degree||CGS § Sec. 53a-183||Class C misdemeanor (up to 3 months)|