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communicating a threat

On Lawyer & Legal » criminal law & procedure

3,002 words with 2 Comments; publish: Wed, 07 May 2003 07:46:00 GMT; (80046.88, « »)

The state is: NC

Just out of curiousity, can anyone tell me what the penalty is for being charged with "communicating a threat". I know it's a misdemeanor, but what happens if the person charged doesn't bother to show up at the hearing?

I have no idea of the details, I was just doing a little research for my custody case and came across this little "tidbit" of news concerning my ex. Thought it might come in handy.

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  • 2 Comments
    • Thank you...that is exactly the information I was looking for.
      #1; Wed, 07 May 2003 09:16:00 GMT
    • "Just out of curiousity, can anyone tell me what the penalty is for being charged with "communicating a threat"."

      * From NC Statutes:

      14-277.1. Communicating threats.

      (a) A person is guilty of a Class 1 misdemeanor if without lawful authority:

      (1) He willfully threatens to physically injure the person or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;

      (2) The threat is communicated to the other person, orally, in writing, or by any other means;

      (3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out; and

      (4) The person threatened believes that the threat will be carried out.

      (b) A violation of this section is a Class 1 misdemeanor."

      Punishment:

      " 14-3. Punishment of misdemeanors, infamous offenses, offenses committed in secrecy and malice, or with deceit and intent to defraud, or with ethnic animosity.

      (a)Except as provided in subsections (b) and (c), every person who shall be convicted of any misdemeanor for which no specific classification and no specific punishment is prescribed by statute shall be punishable as a Class 1 misdemeanor. Any misdemeanor that has a specific punishment, but is not assigned a classification by the General Assembly pursuant to law is classified as follows, based on the maximum punishment allowed by law for the offense as it existed on the effective date of Article 81B of Chapter 15A of the General Statutes:

      (1) If that maximum punishment is more than six months imprisonment, it is a Class 1 misdemeanor;

      (2) If that maximum punishment is more than 3 days but not more than six months imprisonment, it is a Class 2 misdemeanor; and

      (3) If that maximum punishment is 3 days or less imprisonment or only a fine, it is a Class 3 misdemeanor.

      Misdemeanors that have punishments for one or more counties or cities pursuant to a local act of the General Assembly that are different from the generally applicable punishment are

      classified pursuant to this subsection if not otherwise specifically classified."

      "I know it's a misdemeanor, but what happens if the person charged doesn't bother to show up at the hearing?"

      * If a suspect fails to appear in court as scheduled, a bench warrant is issued for his arrest.

      #2; Wed, 07 May 2003 08:23:00 GMT