Title: Is Threatening Someone a Crime? Are Threats Protected as Free Speech? | CriminalDefenseLawyer.com
Headings: Criminal Threats
Criminal Threats
Even though the Constitution guarantees the right of free speech, that right is not an absolute one. The law has long recognized specific limitations when it comes to speech, such as prohibitions against slander and libel.
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Content: Assault
The crime of assault, in some states, is very similar to criminal threats. An assault occurs when a person either attempts to physically injure someone else, or uses threats of force accompanied by threatening actions. Words alone are usually not enough to commit an assault, and some sort of physical action is typically required. For example, threatening to punch someone is usually not an assault. However, making the threats and then approaching the person in a threatening manner does qualify as assault. So, the same conduct that is considered a criminal threat in one state may be classified as an assault in another. Penalties
A court can impose several possible penalties on someone who was convicted of making criminal threats. Depending on the state, a criminal threat can be charged as either a misdemeanor or felony offense. While felony offenses are more serious than misdemeanors, either of them can result in incarceration, fines, and other penalties. Prison or jail.