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