Communicating Threats Lawyer
North Carolina Communicating Threats Lawyer
North Carolinaâ€™s crime of simple assault is a Class 2 misdemeanor, and proof of a simple assault requires more than â€œmere wordsâ€ on the part of the defendant. If the defendant merely said, â€œIâ€™m going to hit you,â€ but made no gesture or movement towards the victim, then the crime of simple assault would not apply.
Defying belief... North Carolina also has the crime of â€œcommunicating threatsâ€ which has a more severe punishment than the crime of â€œsimple assault.â€ Communicating threats is a Class 1 misdemeanor, while Simple Assault is a Class 2 misdemeanor. As a hypothetical - if you tell someone you're going to hit them you could receive a greater punishment than if you actually hit them.
Additionally, the crime of communicating threats requires less proof than simple assault. All the state needs to prove is that a threat was communicated (and that a reasonable person wouldâ€™ve taken it as a threat). The state doesnâ€™t need to show that any gesture or movement was made by the defendant. Mere words are enough to prove someone guilty of the crime of â€œcommunicating threats.â€
We see this crime fairly often as something that is citizen initiated. In Wake County someone can essentially go to a Magistrate and accuse someone else of communicating threats and then criminal charges are filed. Here is a link to the nccourts.org website where they talk about how someone can take out charges on their own.
â€œIf the police do not witness the assault, and do not find â€œprobable cause,â€ you may have to go to the Magistrateâ€™s Office at the County Detention Center to file charges. [Map] You will need to describe to the magistrate what happened to you and take along with you any witnesses to the domestic violence/stalking and any evidence of injury or abuse, including pictures, torn or blood-stained clothes and medical reports. Upon hearing your sworn testimony, the magistrate may issue a criminal summons or a warrant, even if you do not have physical evidence of abuse. When a warrant or summons is issued, it will be given to a Law Enforcement Officer to be served on the defendant.â€
While these charges are easy to file theyâ€™re generally easy to beat with a good communicating threats lawyer in Raleigh. We handle a large amount of these cases and know how the system works to defend you in you are facing a citizen initiated charge of communicating threats.
If youâ€™re accused of communicating threats in Apex, Cary, Morrisville or Raleigh in Wake County, you need to call a communicating threats attorney. Call defense attorney Wiley Nickel (919) 948-7159 for a free consultation about your Wake County communicating threats charge today. Youâ€™ll speak with a communicating threats lawyer who will walk you through the process and explain how we can help fight your charge.
Hereâ€™s the statute below:
N.C.G.S. 14-277.1. Communicating threats.
(a) A person is guilty of a Class 1 misdemeanor if without lawful authority:
(1) He willfully threatens to physically injure the person or that personâ€™s child, sibling, spouse, or dependent or willfully threatens to damage the property of another;
(2) The threat is communicated to the other person, orally, in writing, or by any other means;
(3) 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
(4) The person threatened believes that the threat will be carried out.
(b) A violation of this section is a Class 1 misdemeanor.
Some Common Questions about the crime of Communicating Threats in North Carolina
1. Why canâ€™t I just defend myself on this charge of communicating threats?
These are very complex charges and itâ€™s a huge mistake to handle the case without a good lawyer on your side. The penalty is very severe and can include jail time depending on your record.
2. How did I get this charge if the police never contacted me?
Itâ€™s very likely that the alleged victim contacted the police and they told him/her that there wasnâ€™t enough evidence for them to file charges. Unfortunately there is a different level of evidence required if they go to a magistrate and initiate the case themselves.
3. What if itâ€™s just one personâ€™s word against my word?
We see this situation a lot. Essentially one person claims that another person communicated a threat to them. Itâ€™s typically one personâ€™s word against another personâ€™s word. In these situations where you have a he said/she said itâ€™s very hard for the State of North Carolina to prove beyond a reasonable doubt that you communicated a threat to someone else without an admission/confession or a audio recording/text message to prove that the threat was made.
4. Do I need to show up for court even if itâ€™s a totally bogus charge?
Yes! If you are served with paperwork for this charge you MUST show up to court. If you fail to go to court you will be â€œcalled and failedâ€ and then an order for your arrest will be issued. If you are arrested you will likely need to post bond to get out of jail. Itâ€™s always a mistake to avoid a court date and there are very few excuses that will fly if you miss your court date.
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