Can You Go to Jail for Threatening Someone with Violence? Complete Guide
Within the United States, threatening someone with violence isn’t protected from free speech and can be a criminal offence. Many people believe “it’s just words,” the law is different when they cause the impression of fear, are accompanied by intention, or are convincing enough to be harmful. Based on the situation the threat can be taken to jail if you threaten anyone by violence.
When a Threat Becomes a Crime
According to U.S. law, not every sarcastic or threatening comment is considered a threat to commit a crime. To be considered a criminal offense threats, they must satisfy specific legal standards. While laws differ by state, the majority of states have three requirements:
- A specific and clear threat to cause bodily harm or death;
- A deliberate attempt to convince the victim that it will happen; fulfilled or
- A reasonable fear on side of the person being victimized.
Also it’s a vague, emotional declaration such as “I’m so mad at you” isn’t a crime, but the statement “I’m going to come to your house tonight and hurt you” is very likely to be.
Federal Vs. States Laws on threats
State and federal laws forbid violence in particular when they cross certain boundaries.
- On a federal scale 18 U.S.C. SS 875 makes it a crime to transmit threats of injury or death through interstate communication–including text messages, social media, emails, or phone calls. Infractions to this law could be punishable by up to 5 year in prison per offense.
- On the federal at the state level the laws vary somewhat, but usually fall in the category of “terroristic threats,” “criminal threats,” or “assault by threat.” These could be categorized as misdemeanors or felonies based on the severity of the threat, the victim, and the intent of the defendant.
For instance:
- The law in California the act of making an attempt to commit a crime (Penal code SS422) could result in 3 years or more in the state prison.
- The law in Texas the “terroristic threat” charge can be anything in severity from Class B misdemeanor (up to 180 days in prison) to a third degree criminal offense (up 10-years in jail) in the event that the threat creates the public to be scared or interferes with government operations.
Online and Social Media Threats
In the digital age threats that are made on social media or via the internet are treated with the same seriousness as threats committed in person. Making a post or sending an DM such as “I’m going to shoot you” or “I’ll blow up your car” can swiftly trigger an investigation by law enforcement.
The FBI as well as local police regularly look into online threats, especially in cases involving workplaces, schools or public individuals. Even if you did not intend to take action it is still possible to file charges if the message provoked alarm or disrupted public security.
Courts have ruled repeatedly in favor of “true threats” are not covered by the First Amendment. Contrarily, “political hyperbole” or general expressions of anger could be protected. But that’s a very thin line that is often decided in the court.
Verbal Threats vs. Conditional Threats
There’s also legal distinctions between verbal and threats that are conditional.
- Threats made verbally (“I’m going to smack you now”) is quick and immediate.
- A threat that is conditional (“If there is no payment, then I’ll harm you”) is a threat to commit violence in connection with the condition, and can be a form of coercion or extortion, both of which are serious crimes.
Even if there is no physical contact takes place The threat could be considered to be a crime. The prosecution doesn’t require proof that you would or could execute the threat, just that you caused the victim to reasonably be afraid of harm.
Possible Defenses
Each case is based on the circumstances and intentions. Common defenses include:
- Intentional omission The words were said in anger, but without any intention to hurt.
- No reasonable worry The person who received the message was not convinced that the threat was true.
- free speech The statement is an exaggeration or opinion and was not an “true threat.”
But the defenses aren’t always simple to prove. This is especially true in the case of a specific threat or is accompanied by actions that indicate intention (like showing an weapon, observing one’s victim or publishing private information on the internet).
Consequences of Making a Threat
The threat of violence against someone can cause:
- Criminal and arrest charges (misdemeanor and felony)
- Prison or jail time
- Restitution and fines
- Restraining orders, or the loss of rights to carry
- An indefinite criminal record
Even if you are able to avoid jail, convictions can impact your job or professional license, as well as your the right to carry guns.
The Bottom Line
You can be in jail for intimidating someone with violence. It doesn’t matter if it’s spoken face-to-face or over the phone or via the internet, any threat that raises reasonable fears of harm is considered a crime. It is not protected by the First Amendment does not protect serious or credible threats.
If you’re facing charges or accused of committing a crime seek out a criminal defense lawyer immediately. The words you use and the way you speak can make the difference between a free life and a criminal record.
