A man last year said I told him I was gonna kill him over him complaining about the noise on a nye gathering.im being charged with criminal threat but I saw an article saying Kansas ruled felony criminal threat unconstitutional? What would this mean?
The aspect of criminal threat including an element of reckless disregard was declared unconstitutional but not the entire statute. It is still constitutional for the prosecution to proceed under the intentional clause. Talk it over with your attorney. You may benefit from the case, depending on the exact facts of your case.
This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.
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