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Criminal Threats

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Representing Charges of Criminal Threats

Making criminal threats can be done so in writing, via electronic device, or verbally. There must be evidence that the statement was made showing intent to harm or kill another person, regardless of whether there was the intent to carry out the crime. The prosecution must be able to prove that the person who was threatened sustained significant fear for their safety or their family's safety, among other important elements.

In order to secure a criminal threat conviction, the prosecution must prove the following elements:

  • The defendant deliberately threatened to kill or unlawfully cause great bodily injury to the alleged victim
  • The threat was made by the defendant orally, in writing, or through electronic communication devices
  • The intent of the statement made by defendant should be understood as a threat
  • The threat was so specific and obvious that it clearly communicated the intentions to cause harm
  • The threat was able to cause the alleged victim to fear for their wellbeing over a sustained amount of time
  • Under the circumstances, the fear of the alleged victim was reasonable

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