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New Brunswick Terroristic Threats Lawyer
Terroristic Threats in NJ: N.J.S.A. 2C:12-3
In New Jersey, N.J.S.A. 2C:12-3 governs Terroristic Threats and states:
§ 2C:12-3. 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 reckless disregard of the risk of causing such terror or inconvenience. 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. 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.
Penalties for Terroristic Threats if Convicted Under 2C:12-3
As the above statute enumerates, Terroristic Threats is typically a Third Degree Offense. Since this is an indictable felony offense, the only court with jurisdiction to hear the case is the Middlesex County Superior Court which is located in New Brunswick. This court also presides over Second Degree terroristic threat charges. This offense may be prosecuted against someone who allegedly commits a terroristic threat during a period of national, State, or county emergency. Obviously, a second degree charge under 2C:12-3 is extremely rare and the most terroristic threat charges are filed as a third degree crime. If someone is convicted of Third Degree Terroristic Threats, they face one (1) to five (5) years in prison along with the possibility of a permanent criminal record. As a result, an experienced Terroristic Threats Attorney should be consulted to defend against these charges. The criminal defense lawyers at the Law Offices of Jonathan F. Marshall are available immediately for a free initial consultation or to set up an appointment at our New Brunsick office.