A woman was arrested in Newark several weeks ago in connection with an illegal drug ring. During the process, she made a crucial, costly mistake as she threatened to kill the arresting officer. Because of this, along with charges for drug possession with intent to distribute, the woman has also been accused of making terroristic threats toward the police officer. While most of us think of terroristic threats as an issue of national security, in most states it's defined as making a threat towards another person. In this case, the woman in custody threatened to kill the officer, which is clearly over the line according to New Jersey state law.

What is a Terroristic Threat (N.J.S.A. 2C:12-3)?

The New Jersey Terroristic Threats Law is stated as follows (N.J.S.A. 2C: 12-3).

“A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.”

Any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation can be charged as well. The timing of the threat can also make for a more severe penalty. For example, the law states that if a threat is made during a state of emergency the charge will be a second degree crime.

“A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency.”

The law is like this for a simple reason—we tend to be more defensive during a state of emergency. If a threat is made during this time period it doesn't matter whether the defendant knew of the declared emergency, as law enforcement tends to treat every threat more seriously in a crisis, and the law reflects this.

Burden of Proof

Terroristic threat cases can be tough to prove, as it often turns into a battle of words, or he-said-she-said. This is especially true when the threat was made from one civilian to another. If there is no recording of the threat taking place, it can be hard to find witnesses or any evidence of it. In the scenario discussed above, the threat involved a police officer, so the court will likely hold his/her word to a higher standard than that of the accused.  However, considering most terroristic threat cases occur between two civilians, it's important to turn over any evidence or possible witnesses to the authorities upon reporting the crime.

Speak With A Criminal Defense Team

If you have been accused of Terroristic Threats or other criminal charges, it is imperative to contact a criminal defense attorney at Villani & DeLuca. Our defense team has been representing clients across Monmouth County for over 20 years. Call 609-389-9470 today for a free consultation.