What is a Threat of Violence?

What is a Threat of Violence?

Threats of Violence is a serious felony charge in Minnesota. When someone uses threatening words it is common for the police to get called. When someone seriously threatens and frightens someone else it is not unusual to get charged with felony Threats of Violence. Verbal threats are probably the most common form of threatening behavior prosecuted under Minnesota law. These can occur in face-to-face interactions, over the phone, or in public settings. Statements made during an argument at home or even in a crowded room or can lead to charges if the threats are perceived as credible. Threatening language in written or electronic communications through letters, email or social media can also result in Threats of Violence charges.

What happens to someone charged with Threats of Violence?

People sometimes get alarmed when they see the maximum penalty is 5 years in prison and a $10,000 fine. But normally a person convicted of threats of violence can get put on probation if they don’t have a significant criminal history. Conditions of probation can include jail time and no contact orders.

How do you defend a Threats of Violence charge?

There are several important issues involved in defending these cases, beginning with the language of the statute. Under Minnesota Statute 609.713 whoever threatens to commit a crime of violence with the purpose to terrorize another can be convicted of a felony. The statute also prohibits causing serious public inconvenience, making bomb threats, or displaying a replica firearm. The Minnesota appellate courts have interpreted how this law should be applied. In general, a threat is a declaration of intent to injure another by specifically committing a crime of violence. The definition of crime of violence relates to serious violent crimes. Minn. Stat. § 609.1095, subd. 1(d). A communication is threatening when it creates a reasonable apprehension that the person making it will carry through with or act on the threat. There must also be proof that the person acted with a purpose to terrorize another, or in a reckless disregard of the risk of causing such terror. To cause terror means to cause extreme fear by use of violence or threats. If the government cannot prove any of these important legal elements, a person may be found not guilty of felony Threats of Violence.

What about Freedom of Speech?

We all have the Constitutional right to freedom of speech, but there are some limits on what kind of speech we all can use toward another person. Context is crucial in determining whether a verbal statement constitutes a criminal threat. In State v. Murphy, 545 N.W.2d 909 (Minn. 1996), the Minnesota Supreme Court ruled that a threat must be specific enough to cause reasonable fear. The intent of the person speaking plays a key role. Whether the person who heard the threat believed the other person would really follow through on it also matters. To be convicted, a person must be aware of a substantial and unjustifiable risk that his words or actions will cause terror in another and must act in conscious disregard of that risk. State v. Mrozinski, 971 N.W.2d 233 (Minn. 2022). To criminalize spoken words, the law requires a critical look at the actor’s true intent and the context in which the words were spoken. The test of whether words or phrases are harmless or threatening is the context in which they are used. United States v. Prochaska, 222 F.2d 1 (7 Cir. 1955); United States v. Pennell, 144 F.Supp. 317 (N.D.Cal.1956). There have been cases where the court found that a person’s statements taken in context did not amount to threats of violence. That is also a legitimate argument to make to a jury, because everyone has the right to argue the jury should find them not guilty.

What if a person was not serious about the threat?

Minnesota courts recognize that threats of violence do not encompass “‘the kind of verbal threat which expresses transitory anger’ which lacks the intent to terrorize.” State v. Jones, 451 N.W.2d 55, 63 (Minn. App. 1990) (quoting Model Penal Code § 211.3 cmt. (Tentative Draft No. 11, 1960)), review denied (Minn. Feb. 21, 1990). The threats of violence statute is not designed to authorize grave sanctions against the kind of verbal threat which expresses transitory anger that lacks the intent to terrorize.

Do I need to get a lawyer for Threats of Violence?

Felony Threats of Violence charges are both serious and often defensible, so it usually makes sense to get an experienced criminal defense lawyer. Felony convictions cause a lot of problems. A person on felony probation is restricted from voting. A Threats of Violence conviction can cause someone to lose their right to possess firearms. Felony convictions often have a negative impact on jobs, housing options, coaching youth sports and other things. When facing a felony charge you should get the best lawyer you can find.