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Terroristic Threats

Under New York Penal Law § 490.20, a terroristic threat occurs when a person threatens to commit a crime of violence with the intent to intimidate, coerce, or cause fear for the safety of others, or to cause public panic. These charges are taken very seriously because they involve threats of violence that can endanger individuals, communities, or public institutions.

Examples and Common Situations that can Lead to Terroristic Threat Charges

These charges frequently arise in situations where the accused never intended to cause fear or disruption, such as:

  • Threatening to harm someone with a weapon
  • Threatening an act of mass violence, including at schools or public spaces
  • Threatening public officials or emergency responders
  • Using electronic communications (texts, emails, social media) to make threatening statements
  • School-related comments or disputes involving students
  • Workplace conflicts
  • Domestic or relationship arguments
  • Threats made out of frustration, anger, or intoxication
  • “Jokes” that are misunderstood or taken out of context
  • Misinterpreted text messages or online communications
  • False or exaggerated reports made by others

Because police and prosecutors must treat any perceived threat seriously, arrests often occur quickly—sometimes before the full story is known.

Degrees and Penalties

• Terroristic Threat in the Second Degree (PL §490.20) – Making threats with the intent to intimidate or cause fear. This is typically a Class D felony.
Terroristic Threat in the First Degree (PL §490.10) – Involves threats against multiple people, public officials, or threats causing widespread fear. This is a Class C felony.

Convictions can result in prison time, fines, probation, and lasting criminal records, making early
and experienced legal defense critical.

This statute was enacted after 9/11 and was meant for actual terroristic threats. With the
proliferation of the internet and social media, many posts and statements are subject to potential
charges of this nature and must be strongly defended.

Why Representation Matters

Terroristic threat charges carry a stigma unlike most other offenses. Even the accusation can affect your employment, education, family, and reputation. Because these cases depend heavily on intent, context, and interpretation, skilled legal representation can make the difference between a felony conviction and a much more favorable outcome.

An experienced criminal defense attorney knows how to analyze digital and verbal communications, gather mitigating evidence, challenge the prosecution’s narrative, and fight to ensure that a misunderstood comment does not destroy your life.

THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.

FAQS

Frequently Asked
Questions

Lo Piccolo Law
is dedicated
to protecting your rights, your freedom,
and your future at
every stage of
your case.

What do I do if I have been arrested?

Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.

A bench warrant means that court was missed, and if you come in contact with the police or other law enforcement, you will be detained and brought to court involuntarily. IF that happens, your family should contact an attorney to appear with you at court because bail can be set and you can be detained at the local jail.

You can vacate a bench warrant voluntarily by appearing with an attorney at the clerk’s office of the court where the bench warrant was issued. You will then go before a Judge to vacate the warrant. An attorney should be present to advocate for your continued liberty.

Arrest warrants are less common but the same procedures apply in those situations.

Most court appearances are logged in the New York State Courts
database, commonly referred to as WEBCRIMS.

https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch

Please note that mis-spelling is common and that Desk Appearance
Tickets may not appear until a few days before the date on the ticket
OR not at all. Sometimes, these cases will not be logged into the system
until after that first initial appearance.

New York State Courts, as well as local village courts can be found at: LINK

Federal Courts can be found https://www.uscourts.gov/

For Nassau County Jail
https://app.nassaucountyny.gov/Sheriff/inmate_visit/A.

For Suffolk County Jail
https://www.suffolkcountysheriffsoffice.com/visiting-information

There are rules for each visit so please review them when preparing
to visit a loved one or friend.

For Nassau County Jail: LINK

For the Suffolk County Jail: LINK

Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.

Felony charges are the more serious criminal charges in NYS. They range from levels A to E, with A being the most serious and E being the least serious. There are also non-violent and violent felonies depending on the specific facts of each case. The most serious felonies in New York can carry a life sentence, a determinate sentence ranging from 5-25 years for the more serious violent felonies to non-mandatory jail for many non-violent felonies, depending on the accused criminal history.

Misdemeanor charges are lesser offenses ranging from A to B misdemeanors, with A misdemeanors being the more serious offenses. They carry a potential sentence of one year in jail, 3 years probation, or a combination of the two. While less serious than felonies, the risk of a criminal record from a conviction is still real and needs an attorney to advise and defend.

What is Bail?
Bail is a securing order to ensure an accused’s return to court. IF Bail is
set, a person is detained at the local jail until bail is posted. If Bail is set,
it can be posted at arraignments if family is present, 24 hours a day at the
local jail and Monday through Friday between 9-4:30 p.m. at the Court.
If you are posting a Partially Secured Bond (please allow at least 2 hours
for this process).

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