Terroristic Threats

What Is the Threat?

Most threats are spoken or written, but some states recognize that terroristic threatening can also be insinuated. In Pennsylvania, threats may be direct or indirect. As such, some judges are convinced that if an average, reasonable person would believe that the person making the threat may actually commit violence, the accused is guilty of the crime – even if the threats were hyperbole.

Is the Threat Specific?

Despite the above, Philadelphia terroristic threats lawyers argue that according to the law, any speech that does not specifically threaten some sort of harm, property damage, or death should not be taken seriously. The accused do not need to specify an exact time, date, or method, but according to Pennsylvania law, the speech must specifically threaten the victim.

Is the Threat Reasonable?

Reasonability is another consideration when it comes to fighting charges of terroristic threats. For example, if an accused individual threatened to call upon Zeus himself to kill their enemies, such speech is not considered reasonable. To determine whether a threat is reasonable, Philadelphia terroristic threats attorneys attempt to determine if 12 jurors would believe that the threat is credible.

Did The Threat Cause Fear or Terror?

The final consideration when it comes to terroristic threats has to do with the “terror” part of the phrase. In Pennsylvania, specifically, individuals can only be charged with terroristic threatening if they communicate the threat with an intent to terrorize or cause panic within the threat’s perception and context. There may be a single victim, or in the case of making threats against a specific building or group of people, there may be multiple victims feeling fear or terror.

When prosecutors focus on the danger created by a person’s conduct rather than the words alone, similar facts may also give rise to reckless endangerment charges, particularly when others are placed at risk of serious bodily injury.

Degrees of Terroristic Threats

Pennsylvania law divides terroristic threats into two categories, or degrees, based on the severity of the accusation. The lighter of the two, and the most common, is a first-degree misdemeanor. It covers virtually all types of terroristic threats. A third-degree felony charge may be warranted if the accused’s speech created the need to evacuate a building or public space, thereby disrupting the usual goings-on in that location.

What Are the Possible Penalties?

The penalties for terroristic threatening in Pennsylvania are quite widespread and varied, and they often depend on the accused’s criminal history and the severity or nature of the alleged crime. Generally speaking, first-time offenders accused of first-degree misdemeanor terroristic threats tend to receive lighter sentencing than repeat offenders accused of making third-degree felony threats against others.

It is important to remember that each case is unique, and terrorist threats are difficult to put into a neat box as far as the law is concerned. Many of the factors that make a threat “terroristic” can be considered subjective, and a good legal team can plead your case.

Restitution and/or Fines

In Pennsylvania, the maximum fine for first-degree misdemeanor terroristic threatening is $10,000, though additional restitution may be ordered for the victims, and if convicted, the accused must also pay court costs. The maximum fine for third-degree felony terroristic threatening is $15,000 plus potential restitution and court costs.

Probation

In some misdemeanor cases, particularly among first-time offenders, and even in a handful of felony cases, probation may be offered in lieu of incarceration. Probation terms vary widely, but typically range from six months to two years. Most people who are convicted and spend time incarcerated due to terroristic threats will be on some sort of probation upon their release.

Incarceration

Incarceration is another potential penalty, and experienced Philadelphia terroristic threats lawyers aim to avoid this as much as possible. In Pennsylvania, for first-degree misdemeanor offenses, those who are convicted may face up to five years in prison. For third-degree felony convictions, that sentence may rise to seven years or more.In some states, and depending on the nature of the threat that was made (and its repercussions), those who are convicted of felony terroristic threatening can face 40 to 100 or more years in a federal or state prison.

Why You Need an Experienced Philadelphia Terroristic Threats Attorney

Pagano Law is your comprehensive criminal defense resource in and around Philadelphia. As Philadelphia terroristic threats lawyers, we have handled numerous cases to our clients’ satisfaction. If you have been accused of terroristic threats in Delaware, Chester, Montgomery, or Bucks county, reach out to us today to schedule a consultation with one of our experienced attorneys. Don’t navigate legal challenges on your own, especially those with the potential for severe penalties.

Rely on the team at Pagano Law to help you navigate the complex and often frustrating world of law.