Legal Implications of Criminal Threats and Intimidation

The First Amendment of the U.S. Constitution guarantees us the right to free speech. But that right is not without its limits. There is even some speech that is considered criminal. If you have been charged with a crime involving intimidation or making criminal threats, this is what you need to know.

If you are accused of making criminal threats and intimidation, you should speak to an experienced criminal defense lawyer who can guide you through every step of the process, from arrest to trial.

Understanding Criminal Threats and Intimidation

Criminal threats and intimidation are two related crimes, both involving verbal (and sometimes non-verbal acts) intended to create fear or force someone to act against their will.

Criminal Threats

The main difference between criminal threats and intimidation is that criminal threats require concrete threats of violence or threats to commit a crime against a person that would result in that person’s death or great bodily injury. Here are the elements the prosecution must show to prove criminal threats:

• You issued a warning to someone that you would do something to physically harm or kill them.
• You made that threat with the intent that the statement be taken as true.
• Under the circumstances, the person you threatened believed that it was imminent and unconditional.
• The person actually feared for their safety when they heard the threat.
• A reasonable person would believe that the threatened person’s fear was reasonable under the circumstances, even if nothing happened to them.

Intimidation

Intimidation refers to any course of conduct that creates fear in a person. To prove intimidation, the prosecution must show:

• That you engaged in conduct or directed speech toward a specific person.
• That you intended your speech or conduct to create fear.
• That your speech or conduct caused the person to be afraid.

It’s essential to consult with a criminal defense lawyer who knows the laws of your jurisdiction. Legal standards and elements of proof can vary from state to state, as will the determination of whether these crimes are misdemeanor crimes or felony crimes.

The Legal Consequences of Criminal Threats and Intimidation

Criminal threats and intimidation are usually not treated as standalone crimes. Rather, other crimes and related offenses can contain criminal threats and intimidation as required elements the prosecutor must prove to prove the criminal offense. They include:

• Assault: Assault is when someone causes another person to fear that they will be physically harmed. Physical contact is not necessary to prove assault; a threat is enough to prove assault.
• Menacing: Menacing is a crime with which people are charged when they intentionally cause someone to fear for their physical safety.
• Harassment: Harassment is conduct involving any communications (phone call, email, voicemail, text messages, etc.), in-person stalking, or any other persistent and repeated actions meant to intimidate someone over an extended period.
• Terrorism: In some jurisdictions, threats that involve certain behaviors or certain targets will be considered terrorist threats. Terrorism typically involves a threat to commit a violent act.
• Criminal mischief: This means damaging property while making threats or engaging in intimidation.
• Cyberbullying: This is making threats and engaging in intimidation with electronic communication, email, social media, or anywhere online. This can result in severe legal consequences and includes other crimes like cyberstalking and harassment.
• Hate crimes: Threats and intimidation motivated by prejudice or bias against a group of people for their race, religion, gender, or sexual orientation. Hate crimes lead to additional penalties.
• Extortion: Extortion is using a threat to demand something valuable from someone. The threat can be physical harm but usually involves harm from revealing secrets or damaging information.

Defenses Against Criminal Threats and Intimidation

Here are some common defenses for crimes involving threats or intimidation:

• First Amendment protections: As stated above, the First Amendment of the U.S. Constitution protects free speech. Your attorney can argue that what you said was misinterpreted and was not a genuine threat.
• Lack of intent: If you can show that you did not intend to threaten or intimidate the alleged victim, this may be an appropriate defense.
• False or untrue: In cases without witnesses or documentation, if you can assert that the victim is making the threat or the intimidation up for some reason – revenge, blackmail, to harm you, etc. – you might be able to argue that the alleged victim manufactured the threat or intimidation.
• Credibility: A defendant can also challenge the believability of the threat or intimidation. If the prosecution cannot prove the threat or intimidation was believable, they may not be able to prove their case. Challenging the credibility of the threat or intimidation is another potential defense.

Again, a criminal defense attorney who knows the laws and the defenses will be in the best position to evaluate the feasibility of the defenses and identify the best defense.

Civil Consequences

Even if you are found not guilty in a criminal trial, some alleged victims will pursue civil lawsuits against their alleged intimidators or those alleged to have made threats. Harassment is a cause of action in civil courts, allowing plaintiffs to recover for damages and possibly get a restraining order against you.

To obtain a civil harassment restraining order, the alleged victim needs to prove that you harassed them with threats or intimidation. The standard of proof for civil harassment (“clear and convincing evidence”) is typically lower than the standard of proof for criminal charges (“beyond a reasonable doubt”).

Fight Your Charges With an Attorney

Criminal threats and intimidation are significant violations of another person’s rights and often contribute to charges of other major crimes. If you find yourself facing such charges, contact a criminal defense attorney.