Communicating Threats

Communicating threats is a common crime in Charlotte that involves one person making a threat against another person or their property. Thus, these cases always involve at least one other civilian party. While this can introduce certain challenges, it also opens the door to challenging the credibility of the complaining witness.

At the Olsinski Law Firm, PLLC, our Charlotte communicating threats lawyers routinely defend clients facing these serious charges. We are skilled at cross-examining alleged victims to highlight inconsistencies in their stories to prevent the prosecution from proving the elements of the crime.

Communicating threats is a North Carolina crime that prohibits individuals from making threatening comments to others. However, before a judge or jury can find you guilty of communicating threats, the prosecution must prove each of the crime’s elements beyond a reasonable doubt. The elements of communicating threats under North Carolina Gen. Stat. § 14-277 are:

1. You willfully threatened to physically hurt another person, their family members, or their property.
2. You communicated the threat to the person.
3. You communicated the threat in a way that a reasonable person would think that you intended to carry it out.
4. The person receiving the threat actually believed that you were going to follow through on the threat.

If you are convicted, communicating threats is a Class 1 misdemeanor, which can result in probation, fines, and even jail time.

Because these cases necessarily involve a civilian witness, one of the best defenses involves challenging the credibility of the complaining party. People will often exaggerate facts in the heat of the moment to make their side of the story stronger. However, over time, they may forget important details, which can call their version of events into question. An experienced Charlotte threat crimes lawyer can highlight inconsistencies in an alleged victim’s testimony to question their story.

Another way to attack the prosecution’s case is to argue that the person receiving the alleged threats did not honestly believe that you intended to and could carry out the “threat.” For you to be convicted of communicating threats, making a threat is not enough; the person must believe the threat would be carried out. Thus, arguing that you were exaggerating or speaking in hyperbole can be a valid defense.

Finally, your Charlotte criminal defense attorney may claim that no reasonable person would have taken your words seriously. While this is similar to the previous defense, it’s slightly different. Here, you are arguing that even if the alleged victim believed you intended to carry out the threat, their belief was unreasonable.

When choosing an attorney to represent you in a case involving communicating threats charges, it is important that you find an aggressive lawyer willing to fight your case at trial. These cases are often won in district court by an attorney picking apart the witness’s testimony. At the Olsinski Law Firm, PLLC, our lawyers have successfully defended against these charges countless times, and we take pride in our success rate.

If you’ve been charged with communicating threats in Charlotte, reach out to the Olsinski Law Firm, PLLC, for immediate assistance. At The Olsinski Law Firm, PLLC, we know how difficult it is to be charged with a crime, let alone a communicating threats charge. The look and sound of this charge is scary, especially if it is on your record. Our firm has the focus and dedication to help you fight these charges. Our experienced criminal defense lawyers in both our Charlotte and Concord offices are ready to assist you. To learn more, and to schedule a free consultation today, call 704-405-2850, or connect with us through our secure online contact form.