A person charged with communicating threats is guilty of this offense when they threaten to injure a person, someone’s family, or their property in such a way that a reasonable person would believe that the threat would actually be carried out. Communicating threats is charged as a Class 1 misdemeanor in North Carolina. Harassing phone called may also be charged as a Class 2 misdemeanor.
Communicating threats can be made in person, electronic e-mail, and any type of electronic communication including texting or telephone. If you are charged with communicating threats in Raleigh, North Carolina or the Wake County area you should make sure that you have a good criminal defense lawyer who will defend your case.
The Law for Communicating Threats
Communicating Threats in North Carolina is governed by North Carolina General Statute § 14-277.1 which reads:
(a) A person is guilty of a Class 1 misdemeanor if without lawful authority:
- He wilfully threatens to physically injure the person or that person’s child, sibling, spouse, or dependent or willfully threatens to damage the property of another;
- The threat is communicated to the other person, orally, in writing, or by any other means;
- The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and
- The person threatened believes that the threat will be carried out.
(b) A violation of this section is a Class 1 misdemeanor
Elements of Communicating Threats
A person guilty of this offense
(1)Without lawful authority
a. Willfully threatens ot physically injure
i. Another person or
ii. That person's child, dibling, spouse, or dependant or
b. Willfully threatens to damage another person's property and
(2) Communicates that threat to the other person
(3) In a manner that would make a reasonable person believe it is likely to be carried out and
(4) The threat is believed by the threatened person.
If you have been charged with communicating threats in Raleigh, North Carolina or the Wake County area make sure that you contact a criminal defense lawyer who will defend you against your communicating threats charge. Contact Wiley Nickel for a free consultation at (919) 948-7159.