Making a terroristic threat is a common crime in Pennsylvania. Unfortunately, the definition of a terroristic threat is broad. Examples include bomb threats, bar fights, road rage incidents, and neighbor disputes. Other examples include violent threats made face to face or through social media, phone calls, text messages, or e-mail. Given this, it is crucial to hire an experienced PA terroristic threats defense lawyer if the police charge you with this crime.
Why Hire a Criminal Defense Lawyer?
The police will investigate all reports of terroristic threats very thoroughly. In addition, a Pennsylvania terroristic threats charge can have serious long-term consequences, including jail time and severe damage to your reputation and standing in your community.
So, you need a lawyer who can look at all possible defenses, talk to the prosecution to drop or reduce the charges, and, if required, argue the case in court to win a not-guilty verdict. I have defended over 300 people charged with terroristic threats in Pennsylvania.
I have handled every part of a terroristic threats case, from pre-arrest investigation, first-offender court diversion, plea bargaining to trial before a jury. Sadly, a terroristic threat conviction can have devastating consequences for a young person. It may stop them from entering a first-time offender program to clear their record.
If the police accuse you of terroristic threats, talk to a lawyer before you give up your rights or give a statement. Call me at (215) 752-5282 to talk about how to beat the charge.
A Terroristic Threat Conviction Can Destroy Your Future
Unfortunately, an adult conviction or juvenile court finding of terroristic threats may make people think you committed a crime related to terrorism. They might also think you have trouble controlling your temper.
Also, if the threat happened on school property, your child might be expelled from school.
The damaging effects of a terroristic threats conviction can follow you long after your case is over. As a result, employers and college admissions officers may be reluctant to extend employment or school acceptance offers to individuals with a criminal record for terroristic threats.
It Can be Hard to Get a Job After a Terroristic Threats Conviction
How bad is a terroristic threat charge? Unfortunately, a conviction for terroristic threats may make it difficult for you to find employment. It could also make passing a background check, receiving professional licensing or certification, traveling abroad, or lawfully possessing a firearm difficult.
Many companies will not want to hire someone with a terroristic threat record. They may be concerned that you will do it again. This could really hurt your chances of getting hired. Others may wonder if you have untreated mental health problems.
Juvenile Terroristic Threats
I have worked on many cases involving young people accused of making terroristic threats. I know these cases are very traumatizing, especially for the parents of the child.
The most common scenarios involve written or verbal threats of violence exchanged between students or more severe situations involving threats of a school bombing or mass shooting.
It is important to know that even jokes about school violence can cause significant legal trouble for a student, including:
- The filing of juvenile charges for terroristic threats
- The immediate arrest and detention of the juvenile
- Court-ordered mental health examination for risk assessment
- Indefinite placement in juvenile detention until the charges are resolved in juvenile court
Unfortunately, a juvenile court finding of terroristic threats can really hurt a young person’s future. Because of this, it is even more critical to hire a juvenile lawyer right away if your child is accused of making a terroristic threat.
A Terroristic Threat Conviction Can Hurt a Young Adult’s Chances of Getting into College and Finding a Job
Furthermore, a juvenile terroristic threat record may be difficult to immediately expunge. The arrest record carries a damaging negative stigma that may follow your child. Finally, a terroristic threat record may adversely affect their ability to become employed, get into college, and limit other personal and professional opportunities.
Have the police filed terroristic threats charges against your child in juvenile court? Review the PA Juvenile Defense Lawyer page for information about juvenile court proceedings. Contact me at (215) 752-5282 to discuss your child’s case.
Bucks County Terroristic Threats Attorney
Did the police accuse you of making a terroristic threat? Experience matters. I have defended people in over 300 terroristic threats cases in Bucks County, Montgomery County, Delaware County, Chester County, Philadelphia County, and the surrounding Pennsylvania Counties.
Contact me at (215) 752-5282 for a free initial consultation, or fill out the confidential contact form for an immediate response. I can meet evening and weekends.
What is Considered a Terroristic Threat in Pennsylvania?
According to 18 Pa. C.S.A. § 2706, a person commits a terroristic threat if a person communicates, either directly or indirectly:
- A threat to commit any crime of violence with intent to terrorize another; or
- Cause evacuation of a building, place of assembly, or facility of public transportation, or
- Otherwise, cause serious public inconvenience, cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience
What Evidence Does the Prosecution Need for a Terroristic Threat in PA?
Unfortunately, there is a lot of confusion about the crime of terroristic threats. Many people associate the term terroristic threats with wide-scale domestic or global terrorism.
In Pennsylvania, the police charge the majority of terroristic threats cases as first-degree misdemeanor crimes involving verbal or written threats made by one person toward another person.
To prove the misdemeanor crime of terroristic threats, the district attorney needs to prove two things:
- You, either directly or indirectly, threatened to commit a crime of violence and
- You communicated the threat with the intent to terrorize another person
Therefore, the prosecutor must not only prove that you threatened to commit a crime of violence but that you also had a particular mental state (intent to terrorize a person) at the time you made the threat.
What are Common Examples of Terroristic Threats in Pennsylvania?
Many people are unsure what a terroristic threat is. A terroristic threat can be verbal, written, or non-verbal acts including any of the following:
- Communicating a bomb threat in any manner
- Pointing or aiming a gun at a person
- Threatening to murder another person over the phone, by text, e-mail, or in person
- Posting a threat to kill a person on YouTube, Facebook, TikTok, or other social media platforms
- Threatening to assault someone over the phone, by voicemail, or through text message
- Threatening to commit a mass shooting
- Threatening a public official
Terroristic Threats PA Punishment
A Pennsylvania terroristic threats charge is among the highest-graded offenses in the Pennsylvania Crimes Code. The following are the Pennsylvania terroristic threats penalties:
- Misdemeanor of the first-degree
- Up to 5 years in state prison
- Up to $10,000 in fines
- Felony of the third-degree
- Up to 7 years in state prison
- Up to $15,000 in fines
In addition, the court may order you to pay restitution for emergency services if the threat resulted in disruption of public services, evacuating a building, or both.
Common Misunderstandings About PA Terroristic Threats
Many people are surprised to learn that the police can charge you with terroristic threats even if:
- You did not have the ability to carry out the threat
- You never carried out the threat
- The victim did not believe you would carry out the threat
- You did not communicate the threat directly to the victim
- Your threat was only a physical act or gesture
What are Possible Defenses Against a Terroristic Threats Charge?
Common terroristic threat defense strategies include some or all of the following:
- Prove the accuser is lying about the alleged threat (see below)
- Show the threat was taken out of context
- Establish the threat was constitutionally protected free speech (1st Amendment)
- Demonstrate the threat was made in self-defense (justification)
- Prove you were provoked into making the threat (provocation)
- Show the threat was made as a result of transient anger (see below)
- Establish the threat was never made (absence of proof of a crime)
- Prove the accuser did not actually receive the threat either directly or indirectly
- Show a prior friendly history with the accuser (no intent to terrorize)
- Prove the alleged threat was ambiguous or unclear
- Show you were suffering a severe mental health crisis at the time of the threat
Do your charges fall within one of these categories? Contact me at (215) 752-5282 for a free case analysis and to begin preparing your defense.
How To Get Terroristic Threats Charges Dropped
To achieve a successful outcome in a terroristic threats case, I thoroughly examine all evidence, including a complete review of all possible legal defenses. We will meet in person to discuss the case’s facts and prepare an aggressive defense.
In some situations, I have convinced the judge to dismiss the case because the alleged threat or statement does not meet the legal definition of a terroristic threat. For example, the statement “You are going to regret this!” is not a terroristic threat.
In other cases, I persuaded the prosecutor to drop the charges because I could prove that the accused never communicated the threat to the alleged victim.
Prove the Accuser is Lying About the Alleged Terroristic Threat
In many cases, the sole objective of your legal defense strategy is to prove that the complainant fabricated the accusation. It’s a sad reality that individuals often falsely report such threats to the authorities.
It is common for the accuser to have a hidden motive to make a false claim, whether against a stranger, domestic partner, spouse, or neighbor. Uncovering these hidden motives is a key part of your defense strategy, putting you in a position to win your case.
The reasons a person might make a false terroristic threat report to the police include the following:
- Revenge against you
- Uncontrolled anger against you
- To gain advantage in a child custody matter
- Falsely accusing you of a terroristic threat to hide their own criminal behavior
- To get the court to evict you from your own residence
In many instances, I have established that the accuser lied about the alleged threat through vigorous cross-examination in court. This type of questioning is a potent tool for revealing the accuser’s lack of credibility. It can be the key to the dismissal of the case.
To prove this, I demonstrate that the complainant may have given inconsistent versions of the incident to the police, emergency dispatch, or family members and friends. In other cases, I have shown that the accuser made up the accusation to solely get the accused put in jail.
Is Transitory Anger a Defense to Terroristic Threats?
Yes. Momentary or “transitory anger” is one of the most effective defenses against a terroristic threats case. Not every threat of violence is a terroristic threat.
Temporary anger is common in cases involving heated arguments or other types of verbal disputes. If proven in court, transitory anger is a complete defense to the crime of terroristic threats as it negates the required “intent to terrorize” element of the offense.
What is Transitory Anger?
Transitory anger occurs when a person temporarily loses their temper due to a heated argument or other stressful circumstances. Unfortunately, this type of spur-of-the-moment anger is common.
Also, momentary anger can occur among the calmest and most level-headed people. I have been successful in using the transitory anger defense to get terroristic threats cases dropped, withdrawn, downgraded, or a jury acquittal.
How Do I Know If I Have a Transitory Anger Defense to Terroristic Threats?
Some or all of the following factors can create a legal defense to the charge of terroristic threats:
- The alleged victim provoked the incident
- The accused made a single threat
- The accused made the threat during an unexpected, chance encounter
- The accused made the threat during a period of momentary anger
- The accused did not make threats of future violence
Have the police accused you of making terroristic threats? Contact me at (215) 752-5282 for a free review of your case.
How a PA Terroristic Threats Defense Lawyer Can Help You
As an experienced PA terroristic threats defense attorney with a proven track record of success, I will review your case’s evidence and negotiate with the district attorney.
These negotiations will aim to reduce the penalty for terroristic threats, potentially through providing proof of anger management counseling, emphasizing your minimal or clean criminal record, or establishing extenuating circumstances in the case.
I can positively influence the district attorney’s decision by taking proactive steps, often leading to a reduced charge or favorable sentencing recommendation.
Frequently Asked Questions
What Should I Do if I am Charged with Making a Terroristic Threat in Pennsylvania?
- Contact an experienced criminal defense lawyer immediately
- Don’t make any statements to the police or other third parties
- Do not contact the recipient of the alleged threat
- Don’t delete or destroy any possible evidence
Will I go to Jail for Terroristic Threats?
No. In most cases, a judge will sentence you to probation. However, you will be more likely to go to jail for a terroristic threat if any of the following circumstances apply:
- The police charge you with terroristic threats graded as a felony
- The terror threat resulted in the evacuation of a residence, school, or commercial building
- You have previously been convicted of making terroristic threats
- The incident involved a verbal death threat and the physical display of a firearm
Therefore, it is critical to immediately consult with a terror threat lawyer if the police are investigating you for a terroristic threats charge.
What Does “Intent to Terrorize” Mean Under the Terroristic Threats Law?
The prosecutor must prove you had an intent to terrorize another person if you are charged with terroristic threats. A one-time spur-of-the moment threat made in the heat of the moment would not satisfy the intent requirement for this crime.
An intent to terrorize under the terroristic threat law can be found in the following circumstances:
- You make repeated threats of violence toward a person
- You make a specific, detailed threat of violence against a person
- You have previously made threats of violence towards the same person
In these situations, it is easier for a prosecutor to prove that you had the “mens rea” or mental state required to show that you intended to terrorize another person with a threat of violence.
Is a Terroristic Threat a Felony or Misdemeanor in PA?
A terroristic threat is a third-degree felony if it causes people to evacuate a building or disrupts public transit or a public meeting. This shows how seriously the police take threats that cause public disturbances.
Otherwise, a terroristic threat is a first-degree misdemeanor. This is the most common type of terroristic threat case, which involves a threat directed at a single person.
Can the Police Charge me With Terroristic Threats if I Don’t Make a Verbal or Written Threat?
Yes. The police can charge you with making a terroristic threat even if you do not speak it or put it in writing. This covers situations where you only use physical acts to threaten someone (“gesture-only” terroristic threats”).
Gesture-only terroristic threats cases involve person-to-person contact where the suspect makes one or more physically violent gestures towards another person.
Examples of gesture-only terroristic threats include the following:
- Pointing a rifle at a person
- Pointing a gun in someone’s face
- Pretending to fire a gun at someone’s head
Can a Terroristic Threat Charge be Dropped or Reduced in PA?
Yes. A Defendant’s completion of anger management treatment or other drug and alcohol counseling will often result in the prosecutor lowering the charges.
In other cases, the police may have insufficient evidence to prove their case in court. In those situations, it is common for the prosecutor to offer to withdraw the charges or offer a lower-graded summary offense through a plea agreement.
Can I Get ARD for a Terroristic Threats Charge?
No. In most Pennsylvania Counties, the ARD first-offender program is not available for people charged with crimes involving violence or threats of violence (terroristic threats).
Will a Conviction for Terroristic Threats Stop Me from Owning a Firearm in Pennsylvania?
Yes. Under 18 Pa. C.S.A. § 6105 (c)(10), you can lose your right to possess a firearm for five years from the date of conviction, final release from prison, or final release from supervision under the following circumstances:
- You were convicted of terroristic threats graded as a misdemeanor of the first-degree and any of the following apply:
- You are or were married to the victim
- You have a child with the victim
- You lived with the victim as a spouse, parent, or guardian
- You used to live with the victim as a spouse, parent, or guardian (Pennsylvania’s Act 79) (Act 79 | State Police | Commonwealth of Pennsylvania).
- Finally, under federal law, a person convicted of a “misdemeanor crime of domestic violence,” will be prohibited from possessing any firearms for life
Can a Terroristic Threats Charge be Expunged?
Yes. A terroristic threats charge can be expunged if any of the following occurs:
- You successfully completed a pre-trial diversion program for the offense (ARD)
- You were acquitted of the crime of terroristic threats by a judge or a jury (automatic expungement)
- Your terroristic threats charge was downgraded to a lesser charge under a plea bargain (eligible for partial expungement)
- You were granted a Governor’s Pardon for a terroristic threat conviction
- The terroristic threats charge was withdrawn, dismissed, or nolle prossed by a prosecutor or judge
Are you looking for more information about the expungement of a terroristic threat record? If so, visit my PA Criminal Record Expungement Lawyer page for more detailed information about the expungement process.
Can my License be Suspended if I am Convicted of Terroristic Threats?
Yes. The Pennsylvania Department of Transportation (PennDOT) will suspend the driving privileges of any adult or juvenile convicted or adjudicated for the crime of terroristic threats.
However, the terroristic threat must have occurred on school property or during any school-sponsored event. As an example, the period of suspension will be applied as follows:
- 1st offense: 6-month driver’s license suspension
- 2nd offense: 1-year driver’s license suspension
- 3rd offense: 2-year driver’s license suspension
Bucks County Terroristic Threats Lawyer
Arrested for terroristic threat? Were your charges based on outright lies or due to an innocent argument? If so, contact me immediately. As an experienced terroristic threat attorney, I offer skilled criminal defense at affordable rates.
My practice area includes Bucks County, Montgomery County, Chester County, Delaware County, Philadelphia County, and the nearby Pennsylvania Counties.
Phone lines are open 24 hours daily at (215) 752-5282. Call today for a free consultation or fill out the confidential contact form for an immediate response.
