Terroristic Threats Attorney in Monmouth County

Freehold NJ Terroristic Threats Attorney

In the heat of the moment, sometimes people say things they wish they could take back but unfortunately, sometimes they can’t. As you will see below, a Defendant will be charged with terroristic threats if they make a threat of violence towards another with underlying intent to terrorize that person. The vast majority of incidents that end up resulting in a Defendant being charged with terroristic threats in Monmouth County center around some form of a domestic dispute. With that being said, most clients that find themselves dealing with a terroristic threats charge will also find themselves facing harassmentstalkingassaultunlawful possession of a weapon charges as well. In addition, most clients are also forced to defend themselves at a Final Restraining Order Hearing as well.

Looking For Local Terroristic Threat Attorney Near Tinton Falls

If you have been arrested and charged with terroristic threats in Monmouth County, in towns like Hazlet, Neptune, Wall, Middletown, Belmar, Tinton Falls, MarlboroRed Bank, Rumson or Manasquan the Keith Oliver Criminal Law can help. Our Monmouth County criminal defense attorneys have a tremendous amount of experience representing clients charged with not only terroristic threats but resisting arrest, disorderly conductfalse imprisonment and aggravated assault charges as well. If you would like to come into our office and have a one on one discussion with one of the attorneys on staff, then please contact us directly at (732)858.6959. Our attorneys have been representing clients charged with these types of offenses in Monmouth County for years now. Mr. Oliver personally handles all cases that arise out of Monmouth County and prides himself on making sure every client is fully informed of their options prior to making any type of legal decision. Now here is some key information on the offense of terroristic threats, including the applicable penalties if convicted.

Understanding Terroristic Threats Charges in NJ

In layman terms, to be charged with the crime of terroristic threats, it must be alleged that the individual threatened to commit a crime of violence, with the intent to scare another or threatened to kill another. The context of the threat as well as the circumstances surrounding the threat will play a major role in determining whether or not an offense was committed.

Elements of a Terroristic Threats Charge in NJ: N.J.S.A. 2C:12-3(a)

The governing Statute in New Jersey for terroristic threats is N.J.S.A. 2C:12-3. There are two different subsections in which a Defendant could be charged under.

Terroristic Threats Charges in Tinton Falls NJ: N.J.S.A. 2C:12-3(a)

To be convicted of terroristic threats in New Jersey under N.J.S.A. 2C:12-3(a), the prosecution must prove three material elements beyond a reasonable doubt. They are as follow:

  • The Defendant threatened to commit a crime of violence;
  • The threat was made with the underlying purpose to:
    • Terrorize another or in reckless disregard of the risk of causing such terror; or
    • Cause an evacuation of a building, place of assembly or facility of public transportation or in reckless disregard of the risk of causing such evacuation; or
    • Otherwise cause serious public inconvenience or in reckless disregard of the risk of causing such inconvenience.

Terroristic Threats Charges in Freehold NJ: N.J.S.A. 2C:12-3(b) : {Threat to Kill}

The other subsection of terroristic threats is N.J.S.A. 2C:12-3(b), to be convicted under this subsection of the statute the State must prove beyond a reasonable doubt three material elements. They are as follows:

  • The Defendant threatened to kill another;
  • The threat was made with the underlying purpose to put another in imminent fear of death; and,
  • The threat was made under circumstances which would reasonably caused the person to believe that the threat was likely to be carried out.

What are the Penalties in New Jersey for Terroristic Threats?

Terroristic threats is a third degree felony in New Jersey. A third degree felony is punishable by up to five (5) years in a New Jersey State Prison and a fine up to $15,000. In addition, a Defendant convicted of terroristic threats will also be scarred with a felony criminal record and could be court ordered to complete an anger management course as well.

Can I get PTI for a Terroristic Threats Case in Freehold

With that being said, depending on the facts of the case and the Defendant’s criminal history they may be eligible for one of New Jersey’s diversionary program, the Pretrial Intervention Program. If defense counsel is able to get the Defendant into the Pretrial Intervention Program they will be afforded the opportunity to participate in a program whereby if completed without issue, the pending felony charges will be dismissed outright. For more information on this program please click the link.

Winning a Detention Hearing on a Terroristic Threats Case in NJ

New Jersey’s bail reform, which came into existence in 2017, totally changed the layout when it comes making bail on criminal cases. We now use what is referred to as a “risk assessment”. When an individual is arrested and charged via a Complaint-Warrant it is required that they be taken down to the Monmouth County Jail where they will remain for at least 24-48 hours. While detained, pretrial services will conduct their risk assessment. This assessment will then be used by the Monmouth County Prosecutor’s Office to determine whether or not they will file for detention. This determination must be made by the individual’s Central Judicial Processing Hearing (CJP). If detention is filed for, that means that the Prosecutor is seeking to keep the individual detained in the Monmouth County Jail, without bail, pending trial. Before the individual can be detained a formal hearing must be conducted. At that hearing defense counsel will be called upon to counter the Prosecutions reasons as to why the individual is not a flight risk, danger to the community or a danger to obstruct the prosecution of their case. For more information detention hearings in Freehold, please click the link.

Terroristic Threats Can be Considered Domestic Violence in NJ

Pursuant to New Jersey’s Domestic Violence Prevention Act, the crime of terroristic threat is considered one of the enumerated “acts of domestic violence”. However, not all terroristic threats case will be considered acts of domestic violence and thus allow the victim to obtained heightened protections, like a temporary restraining order. In order to be classified as an act of domestic violence, the victim must qualify as a “victim of domestic violence” under the Domestic Violence Prevention Act. This typically occurs if the victim was in a dating relationship with the defendant or was a direct family member whom once resided with the alleged defendant. For more information on restraining orders and who qualifies as a protected party under New Jersey Domestic Violence Prevention Act, please click the link.

Attorney who Defends Threats to Kill in Wall Township NJ

At Keith Oliver Criminal Law, our attorneys are well aware of what a conviction for a terroristic threats charge can do to someone’s life, let alone what a lengthy jail sentence could do. That is why our Monmouth County criminal defense lawyers will aggressively contest the evidence presented against our clients in order to obtain a favorable outcome. Mr. Oliver, who heads up the firms Monmouth County practice, will attack these types of cases from every possible angle. We are dedicated to make sure that no stone is left unturned when it comes to defending our clients. If you have been charged with terroristic threats in Monmouth County in towns like Tinton Falls, Howell, Asbury Park, Ocean, Eatontown, Atlantic HighlandsAberdeen, Matawan or Neptune, we can help. To set up a free consultation please contact us directly at (732)858.6959 or email us.