Terroristic Threats

Terroristic Threats in New Jersey

Serious Words, Serious Charges – How Mark Bailey Can Help

In New Jersey, what you say—especially in the heat of an argument, online, at school, or in a domestic dispute—can lead to a felony-level criminal charge called “terroristic threats” (spelled “terroristic” in the statute). This is not the same as federal terrorism, but it is still a very serious charge that can mean years in prison, probation, and a permanent record.

The law is found at N.J.S.A. 2C:12-3 and generally covers two kinds of threats:

Threatening to commit a crime of violence with the purpose to terrorize, cause evacuation, or cause serious public inconvenience; or
Threatening to kill another person, with the intent to put them in immediate, reasonable fear that the threat will be carried out.

Depending on the circumstances, terroristic threats can be charged as a third-degree or second-degree crime.

If you or a loved one has been charged with making terrorist/terroristic threats, you are facing a serious accusation that courts and prosecutors take very seriously—especially in the context of domestic violence, schools, workplaces, and social media.

How Attorney Mark Bailey Approaches Terroristic Threats Cases

Attorney Mark Bailey understands that these cases often arise during:

Domestic arguments or relationship breakups
School or workplace disputes
Road rage or bar fights
Text, social media, or voicemail exchanges taken out of context

People say angry, reckless things they don’t truly mean—but the law may still treat those words as a crime if the State claims they were intended to terrorize or cause fear.

Mr. Bailey takes a selective, hands-on approach, limiting the number of serious matters he accepts so he can:

Carefully review texts, emails, social media, calls, and recordings
Compare the actual communications to what’s described in the police report
Examine the context—ongoing disputes, mutual threats, mental health or intoxication issues
Assess whether the alleged victim was reasonably in fear, as required by law
Look for ways to downgrade, dismiss, or negotiate the charge based on weak proof or overcharging

His goal is to present the judge or jury with the full story, not just a few inflammatory words taken in isolation.

The Law: N.J.S.A. 2C:12-3 – Terroristic Threats

Under N.J.S.A. 2C:12-3, a person can be guilty of terroristic threats if they:

Threaten to commit a crime of violence with the purpose to:
- Terrorize another; or
- Cause evacuation of a building, place of assembly, or public transportation facility; or
- Otherwise cause serious public inconvenience; or

Threaten to kill another, with the purpose to put that person in immediate reasonable fear that the threat will be carried out.

A few important points:

The State must usually show that the threat was made purposely—not by accident or misunderstanding.
The threat does not have to be carried out. The crime is based on the threat itself and the fear it causes.
Courts often look at whether a reasonable person in the victim’s position would believe the threat could be carried out, given the circumstances.

Degrees and Penalties for Terroristic Threats

Most terroristic threats charges are third-degree crimes, but in some circumstances they can be second-degree.

Third-Degree Terroristic Threats

A standard terroristic threats charge under N.J.S.A. 2C:12-3 is ordinarily a third-degree crime, which carries:

3 to 5 years in New Jersey State Prison
Fines up to $15,000
Probation and other conditions
A permanent felony (indictable) record

Third-degree crimes technically carry a presumption against incarceration for first-time offenders, but that presumption can be overcome, especially where the facts are serious (weapons, domestic violence, prior history, or associated charges).

Second-Degree Terroristic Threats

The charge can be elevated to a second-degree crime in certain situations—for example, where the threat is made:

During a declared state of emergency; or
In connection with certain other serious conduct.

A second-degree crime carries:

5 to 10 years in state prison
Fines up to $150,000
A strong presumption of incarceration, even for many first offenders

Because of these potential penalties, a terroristic threats conviction can have life-changing consequences for employment, professional licensing, immigration, and more.

Common Situations That Lead to Terroristic Threats Charges

Terroristic threats charges often arise in:

Domestic violence cases: arguments between partners or family members where someone says, “I’ll kill you,” “I’ll burn this house down,” or similar threats.
School and workplace incidents: statements about shooting, bombing, or otherwise attacking classmates, co-workers, or buildings—even if made “as a joke.”
Public alarm or evacuation: calling in a bomb threat, saying there’s a shooter, or making threats that cause a building or public space to be evacuated.
Group chats and social media: online posts that are interpreted as threats to a person, group, or facility.

These charges often travel together with other offenses, such as:

Harassment or cyber-harassment
Stalking
Assault or domestic violence offenses
Criminal mischief (if property is damaged)

That means your overall exposure can be much greater than just one count of terroristic threats.

Defenses & Strategies in Terroristic Threats Cases

Every case is unique, but common defense themes and issues include:

1. Intent and “Purpose to Terrorize”

The State must prove that you intended to terrorize or cause fear/inconvenience—not simply that you lost your temper or spoke recklessly.

Statements made in anger or under stress may not reflect a true purpose to terrorize.
Words may be hyperbole, venting, or sarcastic rather than literal.

2. Reasonable Fear – Did the Victim Truly Believe the Threat?

For threats to kill, the law looks at whether the victim was placed in immediate reasonable fear that the threat would be carried out.

History between the parties matters: have there been threats before? Has violence actually occurred?
The credibility of the alleged victim’s claimed fear can often be challenged by prior texts, social media posts, or contradictory statements.

3. Context: Alcohol, Mental Health, and Mutual Conflict

Courts and juries should consider the entire context, not just one sentence:

Was everyone involved arguing and making threats, or was it one-sided?
Was the accused intoxicated, in crisis, or experiencing a mental health episode that affected intent?
Did the alleged victim continue to engage in friendly or casual contact afterward, undercutting their claim of fear?

4. Words vs. Action

In many cases, the person charged:

Has no history of violence or weapons;
Took no steps to actually carry out the threat;
Quickly apologized, backed down, or clarified after cooling off.

These facts can be important in attacking the seriousness of the charge, negotiating a reduction or dismissal, or persuading a judge at sentencing.

5. Overcharging & Negotiation

Sometimes threats that are better characterized as harassment, disorderly conduct, or simple domestic disputes get charged as terroristic threats.

A key part of defense strategy can be:

Challenging the sufficiency of the evidence on terroristic threats;
Pushing for downgrades to lesser offenses;
Seeking diversion programs or dispositions that protect your record when appropriate.

How Mark Bailey Can Help

When you retain Mark Bailey to defend a terroristic threats case, he will:

Obtain and review all discovery: police reports, 911 calls, body-cam footage, texts, emails, and social media posts
Identify inconsistencies and exaggerations in the alleged victim’s account
Explore mental health or substance abuse mitigation, and coordinate evaluations or treatment when appropriate
File motions where needed (for example, to suppress certain statements or keep out unreliable evidence)
Work to dismiss, downgrade, or favorably resolve the charge, or prepare a rigorous defense for trial when necessary

His focus is on protecting not just your short-term freedom, but your long-term record and reputation.

The Law Office of Mark A. Bailey is committed to defending individuals accused of serious threat-related offenses, explaining your options clearly, and fighting for the best possible outcome.

Contact Mark Bailey today for a confidential consultation to discuss your terroristic threats charge, your rights, and the best strategy for moving forward.