When Does a Threat Become a Crime in Delaware?

Arguments occur on a daily basis. Individuals say things impulsively while arguing, which they regret afterward. However, depending on the situation, an individual could be charged with a crime for making a threatening statement. A threatening statement may be made verbally, over the telephone, in a text message, or on social media, but Delaware law still considers such statements threats.

It may be helpful to know what makes a statement a threat rather than protected speech.

Not every threat is a crime

First Amendment freedoms include the right to speak in ways that others might consider offensive, rude, or even disturbing. But these freedoms have limitations.

Speech that creates fear of bodily injury or violence towards another person can bring about legal consequences in the form of a criminal case. Contextual aspects surrounding the particular statement could carry equal weight as the statement itself. Law enforcement officials and the prosecution will take into account factors such as the environment in which the statement was made, the connection between the parties involved, and credibility.

For instance, a statement made amidst an angry confrontation will be treated differently from a statement that outlines the plans for a violent act.

Threats can take many forms

A lot of folks presume that a threat cannot take place without being made to the other party’s face. However, it is worth noting that there are many different ways in which threatening communication can be carried out.

Some examples include:

• Texts
• Emails
• Social media postings
• Direct messaging
• Voicemail
• Phone calls
• Letters
• Face-to-face communication

In many cases, digital communications are used as evidence in criminal proceedings, even when they have been erased.

Domestic and workplace situations

Threat allegations are common in cases involving domestic conflicts. Fights among spouses, ex-partners, and relatives can easily lead to police interactions.

The same applies to threats issued in workplaces and schools, as well as to conflicts with neighbors. Sometimes, an employer or school administrator can notify the authorities about threats, even without any occurrence of physical assault.

The intense emotions involved in such cases can easily lead to misunderstandings and wrongful allegations.

How prosecutors build these cases

It is often necessary for the prosecutor to do more than just demonstrate that specific statements have been made. It may be crucial to prove that the communication was threatening and that its context supports this interpretation.

This evidence can take many forms, such as witness testimony, messages sent by phone or computer, and previous communications between the individuals.

In some cases, the prosecutor will need to show a history of altercations between the people involved.

Possible defenses

Various defenses can be considered in a case like this. The defendant can claim that the threat was misconstrued or taken out of context and was not meant to be a real threat.

Depending on the circumstances, the defense team can question the credibility of witnesses or the content of electronic messages.

Talk to a Wilmington, DE, Criminal Defense Lawyer Today

Michael W. Modica represents the interests of Wilmington natives who are facing criminal charges. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin discussing your case right away.