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. 

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and 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. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

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

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.