If you have been accused of making criminal threats online or through text messages, it is essential to approach the situation with care and urgency. Such accusations carry serious legal implications, and failing to act appropriately could lead to life-changing consequences. Here is what you need to know and the steps to take if you are in this unfortunate situation.
Understanding Criminal Threats 
A criminal threat involves a statement or communication that causes the recipient to fear for their safety or the safety of others. In today’s digital world, threats can easily be made through text messages, social media posts, or emails. These types of threats are taken very seriously by law enforcement because they have the potential to escalate into violent or dangerous situations.
In Virginia, making a criminal threat is a crime that can lead to felony or misdemeanor charges. If you are convicted, you could face hefty fines, probation, or even jail time. A criminal conviction could also affect your reputation and future employment opportunities, making it crucial to handle the situation with the help of a legal expert.
Do Not Panic
The first step when facing an accusation of making criminal threats is to remain calm. It is normal to feel panicked or overwhelmed, but it’s crucial not to act impulsively. Avoid engaging with the accuser, making any public statements about the situation, or attempting to clear your name through social media or text messages.
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Instead, contact an experienced criminal defense attorney immediately. An attorney will help you understand the legal ramifications, gather evidence, and provide expert advice on how to navigate the case. By seeking professional legal counsel, you ensure that your rights are protected from the outset.
Do Not Respond to the Accusation Without Legal Counsel
Although it may feel tempting to defend yourself or explain the situation to the person accusing you of making a criminal threat, doing so can be harmful. Anything you say, whether directly to the accuser or publicly online, can be used against you later in court.
Instead, let your lawyer handle any communications. Your attorney will know how to navigate conversations with law enforcement and the accuser, ensuring that nothing you say compromises your defense. In the heat of the moment, emotions can run high, and what may seem like a simple explanation could inadvertently harm your case.
Do Not Delete Any Evidence
If you are facing an accusation of making criminal threats, you may be tempted to delete messages, posts, or other digital evidence that you believe might be incriminating. However, this is a serious mistake. Law enforcement has the means to recover deleted digital content, and deleting evidence could lead to additional charges of obstruction of justice or evidence tampering.
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It is important to preserve all communications related to the accusation, including text messages, emails, or social media posts. This will allow your attorney to review the situation in its entirety and ensure that no evidence is overlooked. If you have been accused of making a threat, your lawyer will examine this evidence to determine whether the charges are based on misunderstanding or malicious intent.
Understand the Legal Consequences of Criminal Threats
The charges you face will depend on several factors, such as the severity of the threat, the platform used, and whether the recipient took the threat seriously. In some cases, threats made online can be charged as a felony, which may lead to harsher penalties, such as extended prison sentences and significant fines. Even if the threat was not taken seriously, you could still face legal consequences, as Virginia law does not require that the recipient actually feared for their life or safety—only that the threat was made.
Additionally, making threats over the internet or through text messages can sometimes be classified as cyberbullying, which carries its own set of penalties. Threatening messages involving minors, for example, may lead to more serious charges under both state and federal law. A felony conviction could result in a permanent criminal record, making it difficult to obtain employment or housing in the future.
The Importance of Intent in Your Defense
One of the key aspects of defending yourself against accusations of making criminal threats is the intent behind the statement. Were the statements made as a joke or as part of an argument? Did the person who received the message understand it as a threat, or was it perhaps misinterpreted?
Your attorney will work to establish whether there was any intent to cause harm or fear. In many cases, misunderstandings or poorly worded messages can lead to unwarranted accusations. By clearly outlining your intent and the context in which the communication took place, your lawyer can demonstrate that the charges were based on a misunderstanding rather than a criminal act.
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Potential Defenses Against Criminal Threat Charges
There are several defenses that your attorney may use to fight the accusations. Here are some common ones:
- Lack of intent: You may argue that you did not intend for your message to be taken seriously or to cause fear.
- False accusation: In some cases, the accusations made against you may be entirely false. Your attorney will work to uncover the truth and demonstrate that you did not make the threats.
- Freedom of speech: While the law does not protect all forms of speech, there may be instances where your statements fall under the protections afforded by the First Amendment. Your lawyer will assess whether the statement was indeed a true threat or protected speech.
These defenses are complex, and only an experienced criminal defense attorney can properly evaluate your situation and determine the best course of action.
Negotiating a Plea Deal
In some instances, prosecutors may offer a plea deal, allowing you to plead guilty to a lesser charge in exchange for a reduced sentence or other leniency. Your attorney will evaluate whether this option is in your best interest. Plea bargains can be helpful in certain cases, especially if the evidence against you is strong. However, you should never agree to a plea deal without discussing it with your attorney first.
Additionally, some states offer diversion programs or counseling in lieu of jail time, particularly if the offense is a first-time misdemeanor. Your attorney will review all available options and help you decide the best path forward based on your circumstances.
Taking Proactive Measures After an Accusation
While dealing with the accusation of making criminal threats, it is also important to take proactive steps to prevent similar situations from occurring in the future. This includes being more cautious with your communication, especially on digital platforms. Review the content you post online and ensure that you are not unintentionally sending threatening or aggressive messages.
If your case involves social media or other online platforms, consider updating your privacy settings and limiting who can see your posts and messages. This will help protect your privacy and reduce the likelihood of future misunderstandings.
Facing accusations of making criminal threats online or via text can be a daunting experience, but with the right legal counsel, you can navigate the process effectively. It is essential to take the situation seriously and not attempt to handle it on your own. An experienced criminal defense attorney will be able to guide you through the legal process, help you understand the charges, and work toward a favorable resolution.
If you are in Alexandria, VA, or surrounding areas and need help with criminal defense, NovaLegalGroup, P.C. is here to support you. Contact us today for a free consultation. Our experienced attorneys will fight for your rights and ensure that you receive a fair trial.
This article provides crucial steps for anyone accused of making criminal threats online or via text. Remaining calm, avoiding impulsive actions, and seeking legal counsel are essential to navigate such serious allegations.