Virginia Illegal Threat Defense Attorneys
Dedicated & Experienced Defense Lawyers.
Illegal Threat is a Felony
It is not uncommon for people in the heated moments of an argument to make meaningless threats of violence with no intent to engage in such conduct. Many people are not aware that if they merely threaten to hurt, harm, cause injury or kill someone that they can charged with a felony. Under Virginia law, a person commits an unlawful act that is considered a felony if they issue threats of violence. Terrorist threats are another form of threat that is a felony offense, and the punishment for these types of crimes have become a lot stricter since 9/11.
The majority of threats are often made in jest or in the heat of the moment but with absolutely no serious intent to carry the threat out. If you are charged with an illegal threat or terrorist threat, there is nothing amusing about the situation. These are very serious charges that can result in loss of your freedom and other serious penalties.
In most cases, a threat must be communicated via writing, which includes electronic communications via email to constitute an illegal threat. The substantive content of the threat must involve a threat to inflict bodily harm or kill the recipient of the threat or the recipient’s family. The context and surrounding circumstances are also important because the threat must also cause the person to whom it is communicated reasonable apprehension.
A terrorist threat is the threat to commit an act of violence intended to threaten or intimidate another individual(s) with reckless disregard of the risks. These threats can cause evacuation of public buildings and other places where lives can be endangered.
Under the Virginia Criminal Code, issuing a threat of harm is a Class 6 Felony and may result in a penalty of 1-5 years in prison. If the threat is terroristic in nature with the intent to commit terrorism, it is a Class 5 felony, which will subject you to penalties of 1-10 years in prison if you are found guilty.
Although a threat must generally be communicated in writing to constitute a crime, there is an exception for oral threats made on school grounds or during a school related activity. If you make an oral threat to inflict injury or kill someone on the a school campus or during a school function, you can be charged with a Class 1 Misdemeanor and be sentenced up to 12 months in jail.
The consequences of a terrorist threat conviction depends on a number of factors including prior criminal convictions, status of parole or probation and other circumstances. The penalties can include incarceration in state prison, loss of basic rights under the constitution, parole and probation, and hefty fines. Any accusation of a terrorist threat is very serious.
The criminal defense team at our law firm has the experience and skills necessary to help build a strong defense based on lack of evidence, mistaken identity and other grounds depending on the circumstances of your case. We may be able to establish that what was communicated was not intended as a threat or that any fear or apprehension by the person to whom the comment was intended was unreasonable. Many times these statements are taken out of context or are clearly not serious under the surrounding circumstances. If you are facing felony threat charges in Virginia, you should invoke your right to have an attorney during any questioning and decline to be interviewed until you have an attorney present. If you are charged with any kind of felony threat, we urge you to call Pirsch & Associates now to schedule a no obligation consultation at 703-548-5182 or come into our offices. We are located at:
Pirsch & Associates, PLLC
1307 Duke Street
Alexandria, VA 22314
Our criminal defense law firm zealously represents those accused and charged with misdemeanor and felony criminal offenses throughout Northern Virginia. We provide convenient payment terms including all major credit cards and may even be able to offer a flat fee for your criminal case. We understand that nothing is more valuable than your freedom, reputation and ability to take care of your family. Our Virginia criminal defense firm is ready to preserve those things that are most precious to you so call us today!.