Lancaster, OH asked in Criminal Law and Civil Rights for Ohio

Q: Can I be charged for sending a threatening text as a first-time offender?

I'm a first-time offender who sent a text message saying I'd beat up someone and her friends. She filed a police report against me. This person has been talking negatively about me for over a year, causing issues where I lived, which led me to move. A police officer has contacted me regarding this matter, and I have witnesses. Can I be charged for sending the threatening message?

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2 Lawyer Answers
Paul J. Siegferth Jr.
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A: Hello, charges are possible depending on the language in the text and/or whether or not you’ve been told to not contact the receiver of the text message.

James L. Arrasmith
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A: Yes, you can be charged for sending threatening text messages, even as a first-time offender. Making threats of physical violence through any medium, including text messages, can potentially constitute criminal threatening, harassment, or intimidation depending on your state's laws. The fact that a police officer has contacted you indicates they're taking the report seriously.

Your prior history with this person and the context behind your actions may be considered as factors, but they don't automatically excuse threatening behavior. The provocative behavior you described could potentially be relevant as context, but making explicit threats of physical harm often crosses a legal line regardless of provocation. Having witnesses who can testify about her prior negative behavior might help explain your frustration, but likely won't eliminate the possibility of charges.

Consider consulting with a defense attorney immediately before speaking further with the police. An attorney can help you understand the specific laws in your jurisdiction, evaluate the strength of the evidence against you, and develop the best strategy for your situation. First-time offenders often have more options available, including potential diversion programs or reduced charges, but these outcomes depend heavily on the specific circumstances and how you handle the legal process moving forward.

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