Fairfield Threatening Lawyer

Cell phones, social media and increased connectivity enable us to communicate quicker than ever. When two people are arguing over text or email, their words can mistakenly be perceived as a threat, and the person responsible for speaking or sending those words may suddenly be charged with the crime of threatening.

Police and prosecutors take threatening second-degree arrests in Fairfield, Connecticut under CGS 53a-62 very seriously. That is why it is crucial for anyone charged with threatening to understand the nature of the charges, know how to comply with any applicable restraining orders, and understand the options for defense. A Fairfield threatening lawyer could help provide individuals with the information they need. Those who have been charged with threatening should reach out to a skilled harassment attorney that could build a solid defense for them.

What is Criminal Threatening in the Second-Degree?

The Connecticut penal code describes two different types of criminal threatening: one referred to as first degree and the other as second-degree, which is the most common. Although second-degree threatening is the less serious crime, anyone convicted can be subjected to large fines and a substantial term of imprisonment.

Someone can get arrested for threatening in the second-degree when:

• An individual makes another person believe they are in danger of serious imminent physical harm due to a physical threat, or
• An individual tries to cause terror in another person by threatening to undertake a violent crime, or
• An individual makes a threat of violent crime and recklessly disregards the possibility that the threat will cause terror in another person

What is Criminal Threatening in the First-Degree?

First-degree threatening arrests under CGS § 53a-61aa are always felony offenses, but as with second-degree threatening, this crime is more serious if committed on school property.

As a Fairfield lawyer knows, there are two primary means of committing threatening in the first degree. First, if an individual undertakes an action that would ordinarily be considered second-degree threatening, the action will be considered first degree threatening if the individual uses or threatens or pretends to use a firearm.

Second, if an individual threatens to commit a crime involving a hazardous substance or a violent crime with the intent to cause evacuation of a public building, or with reckless disregard as to the likelihood of causing an evacuation, then the offense is considered threatening in the first degree.

Are There Jail Penalties for Threatening Offenses?

Second-degree threatening is usually treated as a Class A misdemeanor. The maximum penalty for this type of offense is a sentence of up to one year in jail and a fine of up to $2,000.  However, if the offense takes place on school grounds, then the second-degree threatening becomes a Class D felony with maximum penalties that include up to five years in prison and a fine as high as $5,000.

While first-degree threatening is most frequently classified as a Class D felony (max 5 years, $2,000 fine), it is treated as a Class C felony (max 10 years, $10,000 fine) when the offense occurs on school grounds. A Fairfield attorney could attempt to mitigate the penalties that a person may face for threatening.

Consulting a Fairfield Threatening Attorney

A criminal threatening arrest can result in a host of unwanted consequences, including the imposition of a restraining order and a criminal record that could cause problems with housing, employment and other aspects of life.

To avoid these consequences, as well as others that may occur if the terms of a restraining order are not fully understood, it is important to seek help from a Fairfield threatening lawyer. The sooner you start working with a legal team that understands this offense, the sooner you can move toward a positive outcome in your case.