Bristol, TN asked in Criminal Law for Tennessee

Q: What is the punishment for a criminal threat?

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1 Lawyer Answer
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
Answered
  • Criminal Law Lawyer
  • Cleveland, TN
  • Licensed in Tennessee

A: Thanks for the question; however, it is not clear and specific enough to answer. Generally speaking, if you are referring to threatening someone with a criminal charge to achieve a monetary gain, then that is extortion. If you are referring to threatening someone with bodily harm, then it is assault. Simple assault can be a Class A or B misdemeanor. A person commits aggravated assault who: (A) Intentionally or knowingly commits an assault as defined above, and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; (iii) Involved the use or display of a deadly weapon; or (iv) Involved strangulation or attempted strangulation; or (B) Recklessly commits an assault as defined above, and the assault: (i) Results in serious bodily injury to another; (ii) Results in the death of another; or (iii) Involved the use or display of a deadly weapon. Additionally, a person commits aggravated assault who, being the parent or custodian of a child or the custodian of an adult, intentionally or knowingly fails or refuses to protect the child or adult from an aggravated assault as defined above or aggravated child abuse. A person also commits aggravated assault who, after having been enjoined or restrained by an order, diversion or probation agreement of a court of competent jurisdiction from in any way causing or attempting to cause bodily injury or in any way committing or attempting to commit an assault against an individual or individuals, intentionally or knowingly attempts to cause or causes bodily injury or commits or attempts to commit an assault against the individual or individuals. Aggravated assault can be a Class C or Class D felony. A person commits extortion who uses coercion upon another person with the intent to: (1) Obtain property, services, any advantage or immunity; (2) Restrict unlawfully another's freedom of action; or (3) Impair any entity, from the free exercise or enjoyment of any right or privilege secured by the Constitution of Tennessee, the United States Constitution or the laws of the state, in an effort to obtain something of value for any entitity. Extortion is a Class D felony. There are many other categories that could fit within your question. The sentencing for Class A or B misdemeanors and Class C or D felonies varies considerably. I would suggest that you consult with a local criminal defense attorney.

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