The term "terroristic threats" connotes a severe, immediate response. The association many make is to acts of terrorism, such as bombings and attacks, that would likely render the accused shunned and severely penalized by the law.
However, Minnesota has modified most of what the country refers to as "terroristic threats" to "threats of violence," making it more descriptive in nature with regard to the crime. It puts in mind that this accusation does not exactly revolve around terrorism itself, but rather criminal threats of harm or danger. Speaking to criminal lawyer Omeed Berenjian from BK Law Group can shed more light on threats of violence.
Let us take a closer look at charges relating to terroristic threats in Minnesota.
Legal Evolution of Terroristic Charges
Until recently, Minnesota's statute referred to a particular form of violent or harmful threat as "terroristic threats." The name, as one might imagine, implied a connection to terrorism, which usually caused confusion. In reality, persons persecuted under this law were not necessarily associated with terrorist activities.
Recognizing this misnomer, Minnesota legislators have re-titled the offense as "threats of violence." This more accurately describes the crime, which involves making a threat that is serious in nature and intended to instill fear or injury in someone.
While the term has changed, the legal implications remain heavy. A conviction under this statute can result in serious penalties, including prison time and a permanent criminal record.
What is Minnesota's Definition of 'Threat of Violence'?
A threat of violence charge in Minnesota may involve intimidating statements, but does not fit as neatly under other, more traditional categories, such as assault. The crime typically involves a threat to harm someone or damage property in the future by words or in writing.
Take James, for example. If James threatens to harm a coworker or makes false threats that he has planted a bomb in a building, then he will be charged with threats of violence.
However, in order for James to be found guilty, the prosecution must prove that he issued the threat with the intent to cause fear or was reckless regarding the possibility of such fear.
Possible Defenses to a Threat of Violence Charge
If you are charged with a threat of violence, your attorney may raise defenses based on the facts of your case. One of the common defenses is disputing the intent of the threat. If you uttered the threat in a moment of transitory anger and with no intent to injure, that may not be sufficient for the charge to stand in court.
You can also argue that the threat was not taken correctly or out of context. Sometimes, jokes, sarcasm, and hot words said at the wrong time can be blown out of proportion.
In some instances, the prosecution cannot even establish that the threat was of a sufficiently alarming nature to constitute reasonable fear. Unless the threat is severe and specific, it will not meet the standards established under Minnesota law as threats of violence.
Challenges in Prosecuting Threats of Violence Cases
Prosecutors trying a threats-of-violence case have some big hurdles to overcome. First, under the law, it is incumbent on them to prove the person meant to cause fear or commit violence, which is hard to discern just by what a person says. Without direct evidence of intent, most cases rely heavily on interpretation.
Ambiguous language complicates matters, with modern conversations full of sarcasm or hyperbole. A defendant may argue he was misunderstood.
Moreover, third-party witnesses may contradict each other, further confusing the conviction. As the intent and context are somewhat subjective in nature, violent threat charges have more often than not given ample opportunities for defense lawyers to test such allegations against the prosecution in court.
How a BK Law Firm Attorney Can Help
The period following a threat of violence charge is overwhelming, but you don’t have to face it alone. Having a proficient criminal defense attorney from BK Law Firm on your side provides critical support.
Skilled lawyers can evaluate the evidence against you, challenge weak points in the prosecution’s case, and craft strong defenses based on intent and context. Get in touch now, and we can begin building a strategy to reduce or dismiss the charges.