If You've Been Arrested For
Threatening to Commit a Crime…
Our Massachusetts Criminal Defense Attorneys Can Help!
Every Judge in the Massachusetts Court System takes threats to commit a crime to another person or to property very seriously. If convicted, the punishment is a $100 fine and/or up to six months in jail. With the help of our criminal defense attorneys at The Massachusetts Criminal Defense Group, charges for this crime - and others - can be dismissed. You can then walk away without having a criminal record or the lifelong consequences that come along with it.
To learn more about how we can help, call (800) 461-6900 for a free case evaluation of the criminal charge issued against you.
Our Founder and Lead Attorney, Irwin M. Pollack is adamant that, while any criminal charge has the potential for life-long ramifications, there are many opportunities to prevail on getting a Complaint of threat to commit a crime dismissed due to the lack of credible evidence of the crime - which is normally no more than the testimony of a witness.
Massachusetts General Laws Chapter 275 §2 addresses the threats to commit a crime, and it states, "If complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writing and cause it to be subscribed by the complainant."
Instructions relating to the crime are as follows:
"The defendant is charged with having threatened to commit a crime against the person or property of another. Threatening another with a crime against his or her person or property is itself a crime. In order to prove the defendant guilty of this offense, the Commonwealth must prove four things beyond a reasonable doubt:
First:
That the defendant expressed intent to injure the alleged victim and/or his/her property, now or in the future;
Second: That the defendant intended that it be conveyed to the alleged victim;
Third: That the injury that was threatened, if carried out, would constitute a crime; and
Fourth
: That the defendant made the threat under circumstances which could reasonably have caused the victim to fear that the defendant had both the intention and the ability to carry out the threat."
Even the Slightest Threat to Commit a Crime
Can Result in Criminal Charges and Stiff Penalties
While the charge of threatening to commit a crime in Massachusetts is more common than you might think, it doesn't require an individual saying a specific set of words, or any words at all. Saying "You'll get it for that," "Better watch it," or using your hands to motion a blow to the base of another's neck may be enough for another person to feel threatened.
The law permits punishment as indicated above, but more importantly, having a permanent criminal record comes with long-lasting life consequences, such as denial of credit, housing, exclusion from certain lines of work, prohibition from obtaining certain licenses, and the inability to purchase and possess firearms or ammunition.
In some situations, accusations for threatening to commit a crime are resolved through a Clerk Magistrate's Show Cause Hearing
. This is a process where a Clerk Magistrate hears the evidence and determines whether or not a criminal complaint should issue.
While at this stage, being represented by an experienced and aggressive Massachusetts Criminal Defense Attorney can result in criminal charges not issuing and getting the case resolved before it even started!
If you are asked to attend hearing, you are potentially facing criminal charges, and you'll put yourself in a better position by retaining a lawyer. Avoid being charged by any court for any crime. Let your lawyer challenge the prosecution's evidence against you and protect yourself from further investigation.
Learn more about Clerk Magistrate Hearings, our firm, our legal team, and how our fee structure provides a flat-fee for representation at Show Cause Hearings.
Get a Free Case Evaluation With One Of Our
Experienced Massachusetts Criminal Defense Attorneys
Call us at (800) 461-6900 for a case evaluation relating to your charge of threatening to commit a crime. We listen to what did and didn't happen, ask pertinent questions, and assess the potential strengths and weaknesses of the case against you.
Once retained, we'll obtain and review all of the Commonwealth's evidence, conduct a thorough background check of all potential witnesses and involved parties, look for discrediting facts which may compromise their credibility, and evaluate the chain of events leading up to and resulting in the charges being imposed upon you.