My boy friend and I got into a fight and I called my brother...when my brother came he asked my boy friend to leave and he wouldn't ... My brother said " by Monday we will have a restraining order" And boy friend said " by Monday I'll have a gun" we all insinuated that he was gonna shoot us.. And that's what we wrote on the police report... I don't want to press charges anymore.. But the da is taking it to trial... So my question is can he be found guilty of terroristic threats by saying he would have A gun by Monday?
Criminal Defense Attorney
Its not your decision to "press charges" You already set the process in motion and it is the decision of the DA whether to proceed. Terroristic Threats is defined as the person communicates, either directly or indirectly, a threat to commit any crime of violence with intent to terrorize another. You took his statement as a threat, it seems that it was intended as a threat, you and your brother were put in fear by the threat. I don't think that a jury will have a difficult time finding that your boyfriend intended to terrorize on that evidence. So he can be found guilty. There are certainly arguments that can be made that might convince the jury that he didn't intend to terrorize. It will be up to the jury to decide his fate if he takes it to trial.
The previous poster answered quite well, but there is one other point to consider: you should probably consult an attorney of your own. You will likely be subpoenaed as a Commonwealth witness in your boyfriend's case. Sometimes, people in your position, who have tried and failed to "drop" charges, make bad decisions in an attempt to thwart the prosecution. Before you decide how to respond to a subpoena, you would be well advised to consult with a criminal defense attorney other than the one who represents your boyfriend.
This answer is provided is for informational purposes only. It is intended to provide general information and does not create an attorney-client relationship with me or my law office. Nothing here should be relied upon as legal advice, and only an attorney with knowledge of your specific case can give you advice as to how the law applies. Nothing in this response creates an attorney-client relationship and therefore these communications cannot be treated as privileged or confidential.
Criminal Defense Attorney
This evidence easily could serve as a basis for a terroristic threats conviction, but there is an "angry words" defense to the charge. It's very fact-intensive so I can't tell you if this would be a good case for it or not.
That will be for the jury to decide. They will get to hear all of the facts. Attorneys who volunteer to answer Avvo questions do not. Fight it by getting an attorney. He is presumed innocent until proven guilty beyond a reasonable doubt.
Go to Trial: Crash the Justice System: http://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-the-justice-system.html?_r=0
Not contemplated by the Framers! The Devil’s Bargain: "95 percent are resolved by plea bargains." http://shar.es/xdVIY #cjreform
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