Terroristic Threats and Acts
Threatening a person in Georgia can result in being charged with a crime known as "Terroristic Threats" under OCGA 16-11-37. Terrorstic Threats can be a misdemeanor or a felony charge. If the threat suggests the death of the threatened person, such as "I'll kill you," then the crime will be a felony with a range of punishment including imprisonment for one to five years. The crime of terroristic threats, either misdemeanor or felony, requires the State to prove that the accused threatened to either commit a crime of violence, release a hazardous substance, or damage property. The State is also required to prove that the threat was made with the purpose of terrorizing another, causing evacuation of a building, or causing public inconvenience. OCGA 16-11-37 states that "[n]o person shall be convicted . . . on the uncorroborated testimony of the party to whom the threat is communicated."
The crime of Terroristic Acts is always a felony, and the range of punishment is one to ten years' imprisonment. Generally speaking, to convict a person of Terroristic Acts, the State must prove that a person either: uses a burning cross or symbol to terrorize another, shoots at an occupied "conveyance," such as a car, or releases a hazardous substance for the purpose of terrorizing another.
A person charged with Terroristic Threats or Terroristic Acts should speak with an experienced criminal defense attorney such as Will Kelbaugh as soon as possible.
If you or a loved one are charged with Terroristic Threats or Terroristic Acts, call the Kelbaugh Firm to discuss your options.