A Thorough Defense Against Accusations Of Terrorism
Since 9/11, America’s fear of terrorism has made people quick to assume the guilt of anyone accused of terroristic threats. Unfortunately, accusations of terroristic threats can often boil down to one person’s word against another. The positive side of this is that these accusations are defensible in numerous ways such as by proving the accused had no intent to cause terror, the victim’s fear was unreasonable or the threat was not imminent.
I am Anthony N. Palumbo of the firm The Law Offices of Anthony N. Palumbo. As a criminal defense attorney with decades of trial experience, I know what it takes to defend your case. I am also a former prosecutor, and I know how to strike down the elements the prosecution must prove to obtain a conviction. To learn more about how I can assist, schedule a free initial consultation by calling 908-643-6801.
The Elements Of The Crime
To be convicted of a terroristic threat, all the elements of the crime must be proved. These elements are like building blocks because they must stack neatly together to obtain a conviction. If a defense attorney can show that any one of the elements is not present, the charge may be dismissed. An experienced attorney can identify the weak elements in the prosecution’s case and strike them out. General elements include:
- A threat of a crime of violence was made
- With the purpose to cause fear to the victim
- The threat was serious
- The threat caused reasonable fear in the victim
- The threat could actually occur
Let’s take a closer look at some of these elements:
- Reasonable: It must be shown that a reasonable person in the situation would have believed the threat was about to happen.
- Imminent: It must be possible for the threat to occur very soon. If a person in another country threatens someone living in the U.S., this threat is not imminent.
- Serious: The threat cannot be something said in a temporary moment of anger like telling your girlfriend that you wish she was dead while storming out of the room.
- Threat: A threat may be written or spoken. It may be a threat of physical injury to a person or of injury to a person’s property.
A Closer Look At Statutory Language
Under N.J.S.A. 2C:12-3, the crime of terroristic threats has been committed when a person threatens to commit any crime of violence with any of the following elements:
- With the purpose to terrorize another
- To cause evacuation of a building, place of assembly, facility of public transportation
- Otherwise to cause serious public inconvenience
- In reckless disregard of the risk of causing such terror or inconvenience
If a person threatens to commit a violent crime with any of the above elements during a declared period of national, state or county emergency, the crime will be increased from a third-degree crime to a second-degree crime.
It is a third-degree crime to threaten to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.
Turn To Us When The Stakes Are High
If you have been charged or indicted with terroristic threats in New Jersey, you need an experienced attorney on your side. I can defend your case any number of ways by proving that the victim’s fear was not reasonable or imminent, the threat was made in a moment of fleeting anger or the accused had no real intention of causing fear in the victim. These charges have serious lasting consequences, so let us help you fight to explain that you never were posing a threat to anyone.
Our Experience Is Your Advantage In Your Defense
As a former Cranford prosecutor, I am familiar with both sides of the law, and I know which defenses will work for you in court. Don’t take a chance on a less experienced attorney. Contact me today for a free initial consultation at 908-643-6801 and let’s talk about some possible defenses for your case. I will aggressively defend your case and make sure your right to be innocent until proven guilty is respected and upheld.