Charged with Making a Threat of Violence in Minnesota?

A person charged with Threats of Violence in Minnesota must try his or her level best to obtain a favorable outcome from the case. Otherwise, the person could encounter serious repercussions in the future, including difficulty renting a home, getting a job, or volunteering.

The person could also lose firearm privileges or the right to vote, especially if the case ends in a conviction. A Threats of Violence conviction can also result in imprisonment and fines.

Minnesota Threats of Violence Law                           

Minnesota Statutes divide the Threats of Violence offense into three subdivisions:

Subdivision 1: Threatening Violence with the Intent to Terrorize

Subdivision 1 of the Statute states that a person may face criminal charges when he or she makes a direct or indirect threat to execute a crime of violence against someone else. The threat must have been made with the intent to terrorize someone else, cause evacuation of a vehicle, building, or facility, or lead to a serious inconvenience.

Subdivision 2: Communicating with the Intent to Terrorize

This subdivision states that a person commits a threat of violence offense if he or she informs another person that an incendiary or explosive device is available at a given location. The person must have made this communication with the intent to terrorize another person. Under this statute, the communication alone is sufficient to commence a prosecution even if there is no device at the specified location.

Subdivision 3: Brandishing a Replica Firearm

Under the third subsection, displaying, brandishing, exhibiting, or otherwise employing a replica firearm in a threatening way amounts to a Threat of Violence offense. A replica firearm is any device that looks like a weapon but doesn’t satisfy the definition of a harmful weapon in Minnesota.

Threats of Violence Conviction Penalties

A Threat of Violence conviction under the first subdivision of the statute attracts a jail sentence of up to five years and/or $10,000 in fines. The second subdivision can result in a three-year imprisonment and a fine of $3,000. The third subdivision can lead to a year imprisonment and a $3,000 fine.

A Minneapolis assault lawyer working with a person facing a Threat of Violence charge will explain the factors contributing to the specific charge he or she is facing. 

He has won jury trial cases in misdemeanor and felony cases and in DWI’s and non-DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. He is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

What to Do If You Have Been Charged with a Criminal Offense

Involve a criminal appeal attorney soon after you learn the prosecution is appealing your sentence. Your attorney will walk you through the involving and confusing sentencing guidelines. An attorney's involvement will also help you develop a defense strategy for the appeal.