Terroristic Threats In Monmouth County

Crime and Disorderly Persons OffenseThings quickly went from bad to worse for an Irvington woman after she was arrested for possession of illegal drugs, intent to distribute narcotics and gun possession.  The accused made terroristic threats towards the arresting officer after she was caught in a drug sting. The police set up the sting following numerous complaints of drug dealing near the Seth Boyden housing complex in Newark. At the time of her arrest, the woman was in possession of a loaded .32 caliber Smith & Wesson revolver and packets of heroin, and threatened to kill the arresting officer when she was taken into custody.

What Constitutes a Terroristic Threat Under NJ Law?

The New Jersey Terroristic Threats Law is contained at N.J.S.A. 2C:12-3 and provides as follows:

a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.

b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.

Terroristic Threat Offenses and Penalties

It should be noted that NJ law requires it be shown that the person making the threat has the specific intent to place the threatened individual in imminent fear of death and that the threat must be made under circumstances that could manifest said threat. In this instance, Robinson’s threat at the time of her arrest involved three elements required for a person to be charged with making terroristic threats in New Jersey: (1) she made a threat to kill the officer; (2) her threat involved circumstances that would put him in imminent fear of death; and (3) the threat was made with the likelihood that it could be carried out. Charges for terroristic threats can vary between second degree and third degree crimes in New Jersey depending on the circumstances.

Speak With A Criminal Defense Lawyer

If you have been charged with making a terroristic threat in New Jersey, please contact the experienced attorneys of Villani & DeLuca as a conviction would have extremely serious consequences and it is imperative that you fight your charges with effective legal representation. Please call (732) 965-3350 to schedule your FREE consultation!

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