Greenwich Threatening Second-Degree Lawyer
People live in an era of heightened security alerts. Nowadays, any perceived threat to public or private safety—however slight—tends to be aggressively prosecuted by Greenwich police and state’s attorneys, even if the evidence seems flimsy.
The crime of threatening raises serious free speech and First Amendment questions. Yet, despite the existence of freedom of speech, an individual may be arrested in Greenwich for threatening on the basis of words alone, regardless of physical action.
If you have been arrested for threatening in the second or first-degree, then it is advisable to contact a skilled Greenwich threatening second-degree lawyer. Work with a qualified threatening attorney who can help fight the charges and work toward the best possible resolution.
How Does Connecticut Law Define Threatening?
There are two statutory threatening crimes in Connecticut. The most common arrest in Greenwich, Connecticut is for second-degree threatening, which is set forth in Section 53a-62 of the criminal code.
Under this statute, an individual can be arrested for second-degree threatening for:
- Threatening to physically harm another if the threat is made with the specific intent to cause the fear that serious physical injury is imminent
- Making a threat to commit a violent crime if such threat is made with the intent to terrorize another
- Making a threat to commit a violent crime while acting with reckless disregard as to whether words or actions might terrorize another
Typical Threatening Scenarios
Some examples of this type of threatening behavior could include an individual threatening to hit someone if they step closer, or an employee suggesting that they might be set a store on fire to keep from having to come into work early.
First-Degree Threatening
Threatening in the first-degree is codified in CGS § 53a-61aa. It is a more serious offense which occurs when an individual acts with intent or reckless disregard as to the likelihood of causing evacuation of a place where people tend to gather and that individual makes a threat involving the use of a hazardous substance such as a dangerous chemical.
First-degree threatening also includes situations where conduct would be considered threatening in the second-degree, but the individual uses or suggests the use of a firearm.
Penalties for Second-Degree Threatening
Second-degree threatening is usually classified as a Class A misdemeanor. This means that the maximum penalty includes up to one year of imprisonment and a fine of up to $2,000.
However, if the offense occurs on the grounds of a school or preschool, either public or private, then the crime is elevated to a Class D felony with penalties that include up to five years in prison and a fine as high as $5,000.
Similarly, first-degree threatening is most often treated as a Class D felony with the same maximum penalties, unless it takes places on school property or property in use by a school, where it will be treated as a Class C felony with a maximum jail sentence of ten years and a maximum fine of up to $10,000. A Greenwich threatening second-degree lawyer could attempt to mitigate the penalties that an individual may face.
Contacting a Greenwich Second-Degree Threatening Attorney
Although the potential penalties are severe, there are several aggressive defense strategies for fighting a second-degree threatening arrest. In particular, evidence can be introduced to show that an individual did not act with the intent or reckless disregard required by the law. The sooner a Greenwich threatening second-degree lawyer begins to work on a threatening case, the easier it is to analyze and preserve evidence. Contact an attorney today and know that you are in capable hands.