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What Qualifies as a Criminal Threat in New York City? Penalties

What Qualifies as a Criminal Threat in New York City? Penalties

In New York, a person can be charged with the crime of making a terroristic threat if they threaten to commit a violent felony or crime of violence with the intent to intimidate or coerce a civilian population, influence government policy by intimidation or coercion, or affect government conduct by murder, assassination, or kidnapping [1].

What Type of Threats Qualify as Criminal?

In order for a threat to be considered criminal under New York law, it must meet the following criteria:

  • Threatens violence: The threat must threaten violence, such as threatening to kill, injure, kidnap, or commit arson or another violent felony. Threats of non-violent acts generally do not qualify.
  • Intent to intimidate/coerce: The threat must be made with the intent to intimidate, coerce, or cause alarm to others. If it is clearly made in jest, for example, it may not qualify.
  • Reasonable belief: The threat must be made in a context or manner where there is a reasonable belief that the speaker intends to act on it or has the capability to act on it [2].

Some examples of threats that could lead to criminal charges include:

  • Threatening to kill or physically harm someone
  • Threatening to blow up a building or location
  • Threatening a mass shooting
  • Posting threats of violence on social media [3]

Penalties for Making Criminal Threats

The penalties for making terroristic threats in New York depend on the exact nature of the threat and the circumstances, but can include [4]:

  • Class D felony: Up to 7 years in prison. Applies to most threats made to an individual, group, organization, or location.
  • Class B felony: Up to 25 years in prison. Applies to threats made with the intent to cause evacuation of a building, location, or facility.
  • Class A-I felony: Up to life in prison without parole. Applies to threats made with the intent to cause serious injury or death to another person.

Other potential penalties include:

  • Fines up to $100,000
  • Probation up to 10 years
  • An order of protection for the victim(s)

Defenses to Terroristic Threat Charges

Some potential legal defenses to terroristic threat charges can include [5]:

  • No real threat was made: The statement does not meet the legal definition of a threat under the law.
  • No intent: The statement was a joke or political opinion protected by the First Amendment, not intended to be a real threat.
  • False reporting: The alleged threat was fabricated or reported by someone with ulterior motives.
  • Mistaken identity: Someone else made the threat, not you.

An experienced New York criminal defense lawyer can evaluate the details of your case and build a strong defense to have your charges reduced or dismissed.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
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Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

What to Do If You Are Facing Charges

If you have been arrested or charged with making a terroristic threat in New York, it is essential to immediately retain legal counsel to protect your rights. An attorney can negotiate with prosecutors, challenge improper police conduct, and mount an aggressive defense to avoid conviction.

Without proper representation, terroristic threat charges can negatively impact all aspects of your life for years to come. An experienced lawyer understands the nuances of New York laws and can build the strongest case possible on your behalf. Don’t leave the outcome to chance. Schedule a consultation with a defense attorney as soon as possible.

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