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Criminal Threats

Attorney providing legal advice on criminal threats

Understanding Criminal Threats and Your Legal Rights

Feeling unsafe due to criminal threats? You’re not alone. This alarming act can spark fear and uncertainty, leaving you unsure of your next steps. But knowledge is power, and understanding the law surrounding criminal threats empowers you to protect yourself and seek justice.

What Constitutes a Criminal Threat?

A criminal threat is not simply an angry outburst. It’s a wilful communication conveying an intent to inflict serious bodily harm or death upon someone. This threat can be made verbally, in writing, or electronically, and its severity hinges on several factors:

  • Specificity: Was the threat directed at a particular person or group? Vagueness weakens the accusation.
  • Immediacy: Did the threat imply imminent harm, creating a sense of urgency and fear?
  • Credibility: Did the threat-maker possess the means or opportunity to carry out the action?
  • Fear: Did the victim experience genuine and sustained fear for their safety or that of their loved ones?

Protecting Yourself from Criminal Threats:

If you’re facing criminal threats, prioritize your safety:

  • Document everything: Record phone calls, save text messages and emails, and note the date, time, and context of each threat.
  • Report the threat immediately: Contact the police and file a report. Seek their guidance on further steps.
  • Seek legal counsel: An experienced attorney can advise you on your rights, potential legal actions, and safety measures.

Your Legal Rights and Options:

Facing criminal threats is a serious matter. You have legal options to ensure your safety and hold the perpetrator accountable:

  • Criminal charges: The offender may face misdemeanor or felony charges depending on the threat’s severity and consequences.
  • Restraining orders: These court orders can restrict the offender’s contact with you and provide additional protection.
  • Civil lawsuit: You may seek compensation for emotional distress and damages caused by the threats.

Remember: You are not alone. Don’t let fear silence you. By understanding your legal rights and taking proactive steps, you can navigate this challenging situation and reclaim your sense of security.

Originally printed in 2002 in Crime, Justice and America magazine and reposted with permission from Crime,...

By John Riley – former contributing author for Crime, Justice and America magazine. Originally published in...

by the late Mark Sullivan, Board Certified Criminal Defense Attorney, Palm Springs, California. Originally printed in...

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