TERRORISTIC THREATS—N.J.S.A. 2C:12-3
Terroristic Threat
If you have been charged with violation of 2C:12-3 (Terroristic Threat or Threats), if convicted, you have exposure to up to 5 years jail time, monetary fines up to $15,000.00, criminal record. In my 26 years as a criminal defense attorney, I have successfully handled this type of case. Please contact me at (732)-337-7922 for an evaluation of your circumstances and vigorous and competent defense.
ILLUSTRATIVE EXAMPLE OF WHAT CONDUCT CONSTITUTES THE OFFENSE: You have always been the “alpha male”. Your wife of ten (10) years has contemplated terminating the marriage and leaving with the children before. You have always been able to keep her from exercising her right to leave by telling her you would kill her if she tried to file for divorce and obtain permanent physical custody of the children. A few years ago you told her you would tie her to the railroad tracks out back and last year you told her you would tie her in the work shed in the back yard, gas her and make it look like a suicide. This time she’s filed complaint for divorce and an application for a temporary restraining order (TRO). You rip up the complaint in front of her and you tell her the dispute will never be heard by a judge, the implication being you will kill her first. You tell her you are going to “kill her”. She grabs the children, flees the marital residence and calls the police. Have you just committed a serious violation of N.J.S.A. 25-1, et seq.?
TERRORISTIC THREATS
a. “A person is guilty of a crime of the third degree if he threatens to commit 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, or otherwise to
cause serious public inconvenience, or in a reckless disregard of the risk of causing
such terror or inconvenience. A violation of this section 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 period of declared national, State or county emergency. It shall not be a defense
that the actor did not know that there was a declared period of emergency at the
time the crime occurred.
b. 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.”
CRIMINAL LIABILITY FOR
YES. Under section b. you have committed a third degree felony because you “purposefully” intended to threaten your spouse’s life, e.g., it was your conscious object to communicate your threat to take her life. N.J.S.A. 2C:2-2(b)(1), Ortiz v. Ortiz, A-1742-06T31742-06T3 (App. Div. 2007). A third degree crime, if convicted, is punishable by the imposition of monetary fines of up to $15,000.00, plus possible jail time for a minimum of three (3) years and a maximum of five (5) years, presumptive four (4) years. N.J.S.A. 2C:43-3(a) On sentencing the imposition could be reduced to a low of four years based upon the weighing of aggravating and mitigating factors. N.J.S.A. 2C: 44-1(e)
DOMESTIC VIOLENCE ACT LIABILITY FOR
With regard to whether you have domestic violence act liability for your conduct, the answer is YES. You threatened to kill her on numerous occasions. You intended to threaten her. You did so under circumstances reasonably causing her to believe the threat would be carried out. Cesare v. Cesare, 154 N.J. Super 394, 402 (1998) This is not a mere marital contratempt between spouses. Peranio v. Peranio, 280 N.J. Super 47, 49 (App. Div. 1995) Under the Domestic Violence Act, N.J.S.A. 2C:25-1, et seq., the municipal court judge in the township in which you reside has authority to issue a temporary restraining order (TRO) when the Superior Court, Family Part, is not open. Your spouse (victim) could avail himself or herself of a remedy known as a Temporary Restraining Order (TRO). This is a remedy that is designed to prevent the defendant from having any verbal communication and/or physical contact with the victim and the victim’s immediate family members. In other words, you could be ordered not to come within 500 feet of the marital residence (home) and not to have any direct or indirect (through third persons) communication of contact with your spouse and children. The sitting municipal court judge in the township where you reside will also set bail which you must post in order to avoid jail. A search of the marital residence will be performed by local police and any guns or weapons found will be confiscated. Willful violation of the dictates of the TRO would constitute a 4th degree crime with possible jail time up to eighteen (18) months per violation. Your first court appearance would be an arraignment in the local municipal court that issued the TRO. Approximately two (2) weeks later the Superior Court would set the matter down for a Plenary hearing on the issue as to whether the TRO should be converted to a Final Restraining Order (FRO) or the entire matter be dismissed on grounds that no violation of the Domestic Violence Act was committed. If the TRO “ripens” into a FRO you would be permanently prohibited from having any communication or contact with your family, ordered to continue paying the roofing costs, e.g., mortgage, property taxes, utilities, etc…until final dissolution of the marriage. Finally, the municipal court would retain jurisdiction over the criminal charges unless they are deemed to be crimes (felonies) under which circumstances the charges would be sent up to the County (Superior Court) for review and prosecution. Should your spouse wish to have the TRO dismissed and “take you back”, the court may impose costly and time consuming anger management and psychological counseling prior to the normalization of relations and of your property rights.
If you have been charged with violation of the Terroristic Threats statute, you should realize that this is nothing to mess around with. You should retain skilled and experienced counsel immediately to protect your interests. Please contact me for help at (732)-337-7922
