Issuing threats of violence is a Felony under Virginia law.
Many people are not aware that threatening to harm, injure, or kill someone is actually a serious felony charge.
Call me for a consultation on what you can do to protect yourself against prosecution for making felonious threats.
How is an Illegal Threat Defined Under the Law?
A threat must be communicated in writing, including electronically via email for it to be a crime. The charge must include a threat to kill or do bodily injury to a person or a member of that person’s family. The threat must also put that person in “reasonable” apprehension.
What is the Penalty for Issuing Threats of Violence?
Issuing a threat of harm is a Class 6 felony under Virginia criminal laws, which carries with it a penalty of 1-5 years in prison.
If that threat is terroristic in nature, with the intent to commit terrorism, it is a Class 5 felony, which has penalties of 1-10 years in prison if you are found guilty.
An oral threat of harm to kill or do bodily injury is a crime if it is committed on the grounds of a school or school activity. That charge would be a Class 1 misdemeanor, with maximum penalties of up to 12 months in jail.
Threatening Charge Defense Strategies
One of the best defenses would be around it’s reasonableness. Did the person have a realistic fear of injury from the threat? We can argue that it was not serious or was a joke.
Give me a call to discuss defense options for this or any other Virginia criminal offense. There is absolutely no obligation for my initial consultation on any Virginia charge.
References: Virginia Code for Issuing Felony Threats