Communicating Threats Lawyer

At Garrett, Walker, Aycoth & Olson, Attorneys at Law, our criminal lawyers are dedicated to helping clients with communicating threats charges. These charges are always interesting because they’re always based on what someone else said. Typically, the threat isn’t recorded and so you have one person saying our client communicated a threat and our client saying they didn’t. But our communicating threats lawyers understand the nuances of the threat cases, and there’s a lot more to them than initially meets the eye. Let’s look at communicating threats charges together.

commnuicating threats lawyer

What level crime is communicating threats?

Communicating Threats is a Class 1 Misdemeanor, punishable by up to 120 days if convicted. In the North Carolina Sentencing Chart below, you can see the Class of the Misdemeanor on the left side and the record level of the person charged across the top. So, if you’re looking for Communicating Threats, it’s a Class 1 Misdemeanor and punished on that row of the chart and then you match that up with your record level.

communicating threats attorney

What are the elements of Communicating Threats?

A person is guilty of communicating threats if they:

  1. Without lawful authority
    1. Willfully threatens to physical injure
      1. Another person; or
      2. That person’s child, sibling, spouse, or dependent OR
    2. Willfully threatens to damage another’s property, AND
  2. Communicates that threat to the Other Person
  3. In a Manner that would make a Reasonable Person believe it is likely to be carried out AND
  4. The Threat is believed by the other person

Yeah, we know, the communicating threats statue is a bit unusual, let’s go through each element together.

What does it mean to Willfully Communicate a Threat?

Willful addresses the persons state of mind. Meaning what was they communicated a threat willfully. We know what you’re thinking, how is it possible to communicate a threat and it not be willful. One example in North Carolina is a person left a message on a screenshot that said, The End is Near. The person was charged with Communicating threats in North Carolina. The North Carolina Court of Appeals found that this was insufficient to constitute a threat because it wasn’t willful.

What does it mean to communicate a threat to another or person or someone related to them?

The threat must be communicated to the victim. This threat can be communicated:

  1. Orally
  2. In Writing, or
  3. By Other Means

The threat can be communicated to the actual person or someone else with the intent of having it sent to the person they intended to threaten. For instance, one guy tells the girlfriend of another guy that he’s going to beat him up. The girlfriend relays the message and this would be sufficient for communicating a threat.

What does it mean for a reasonable person to believe it will be carried out for Communicating Threats?

If someone is clearly joking or exaggerating, for instance laughing as they say it, most likely the courts would not find a threat had been communicated because it’s not reasonable to believe that it will be carried out. This is an objective test, based on whether a reasonable person would believe they’d carry out what they threatened they were going to do.

What does it mean for a person to actually believe it will be carried out for a Threats Charge?

If a person gets on the stand and says they didn’t think the person would actually do it. It’s not a threat. For instance, person says I’m going to come over and beat you up and they live in Alaska and you live in North Carolina. You probably wouldn’t actually think they’re coming all the way to North Carolina for that purpose…but you could though. The test is Subjective, meaning what did the victim think



Communicating Threats charges are extremely common but can hamper you in school, at work or with your family. Our top rated criminal defense lawyers in Guilford County, NC, are here to help you. Contact our law firm to help you with your communicating threats charge today at 336-379-0539.

This is why you should contact our  – Guilford County & Randolph County – Greensboro, High Point & Asheboro Lawyers to help with your Communicating Threats charge today.

Call us at (336) 379-0539  to schedule a free, in-depth consultation with our experienced criminal lawyers.

Greensboro Communicating Threats Lawyer Google Reviews:

Karen WilliamsKaren Williams
13:49 09 Jun 22
If you find yourself in need of an attorney I would highly recommend Hilary Hux! She and her entire team (Casey Robinson, Kristen Reese) were an absolute pleasure to work with from start to finish. They were always very attentive to my needs and always responded to any question or concern I had in a timely manner. The sincerity they displayed while handling my divorce case made a difficult time in my life more bearable knowing I had them on my side. Simply put they are a genuine group of people that do the absolute best job they can for their clients and words can't express how thankful I am to have had the experience to work with them.
Natasha LeakeNatasha Leake
19:07 02 May 22
Jason Aycoth and his team were so diligent in assisting my family with our legal issues. Communication was never lacking and they were always readily available to assist my family no matter what the need was. Not only was he very professional every time we spoke, he was also friendly and personable. I will be recommending Jason Aycoth to anyone I know is in need of legal services.
John MorrisJohn Morris
12:59 26 Apr 22
Martha Massie is a fantastic lawyer. Her knowledge of the law, her thoroughness and attention to detail are superior. Most importantly, she cares about her clients which can clearly be seen by her hard work. I highly recommend Martha!
candace jamescandace james
17:57 19 Apr 22
Chad Garrett is one amazing lawyer. He is very professional, charismatic, and gets things done no matter what. He has helped me time after time and is always in a pleasant disposition. So thankful to have met him and to have him on my side. Thank you Mr. Garrett.
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15:02 06 Mar 22
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21:26 03 Jan 22
I had a situation that needed to be resolved expeditiously. I call Jason Aycoth. He resolved the issue quickly. He treated me with the utmost care and respect. Everyone I spoke to in his office was courteous. I have attempted to get this matter resolved through other attorneys in the area. None came close to the experience I had with Jason and his team. I highly recommend you taking the time to hire Jason Aycoth. Jason my family and I are grateful for you! We send you the highest regards.
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00:49 23 Nov 21
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Sam WalkerSam Walker
16:12 29 Sep 21
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