Is criminal threatening something you can go to jail for

Asked about 5 years ago - Waterville, ME

my boyfriend was at a green light and the car in front of him stopped which caused him to stop in the middle of an intersection, he honked, the driver from the car flipped him off and she took off, while going down road she break checked him, lane split into 2 and he tried to pass on her left she tried to side swip him so much so, that he had to go into the other directions lane, he got in front of her and she continued to ride his bumper. He stopped his car got out , pointed at her through the windsheild and said "if you keep driving like that your going to get you head bashed in." got into his car and drove away. she apparently is bringing him to court for criminal threatening and the officer who informed of this told him he can go to jail for 5 years if found guilty. Is that possible?

Attorney answers (3)

  1. Jeremy Pratt

    Contributor Level 7

    Answered . Yes. You can go to jail for criminal threatening but you cannot go to jail for five years. Criminal Threatening in Maine is a Class D misdemeanor (this is the general rule. For example domestic violence criminal threatening with priors may be elevated to a felony.) and the maximum period of incarceration is 364 days. A maximum sentence of 5 years is a Class C felony. Remember these are the maximum legally authorized sentences, they are not mandatory minimums. Please remember if you were issued a summons the case goes to the DA's office for review and the DA's office may change the charge, so when you arrive for arraignment the charge could be different. For example the criminal threatening charge could be replace by a charge of Terrorizing.

  2. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . In most jurisdictions, the charge is called Terroristic Threats, and yes, if you are convicted, it can result in incarceration. Your BF needs to consult with an experienced criminal defense lawyer, who can review the the legal issues pertaining to the facts you list, to see if there is a viable defense to the charge. Good luck.

    DISCLAIMER
    Since I do not practice law in your State, this answer is provided solely for informational purposes only, for you to use as a starting point when speaking directly with a lawyer in your State. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.

  3. Jason Y. Chan

    Contributor Level 14

    Answered . Yes, your boyfriend can be charged with threatening. He needs to get a lawyer right away.

    Attorney Jason Chan
    77 Franklin Street, FL3
    Boston, MA 02110
    617-556-8220
    website: www.attorneychan.com
    blog: http://attorneychan.wordpress.com/
    twitter: http://twitter.com/AttorneyChan

    Disclaimer: I am not licensed to practiced law in this state. This is for informational purposes only.

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