Severn, MD asked in Criminal Law and Civil Rights for Maryland

Q: What charges could I face for threatening to shoot someone without a weapon in public?

During a verbal argument in a public place, I threatened to shoot someone although I did not have a weapon and was speaking out of anger. The police took a report but did not arrest me, and I have no prior offenses or further contact with the strangers involved. The incident was recorded. Given these circumstances, what potential charges could I face?

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James L. Arrasmith
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Answered

A: You could potentially face charges of criminal threatening, assault (the threat of harm, not actual physical contact), terroristic threatening, or disorderly conduct depending on your state's specific laws. The severity ranges from misdemeanors carrying fines and possibly up to a year in jail, to felonies with longer sentences if the threat was deemed particularly credible or caused significant fear. Even without a weapon, verbal threats can still constitute serious offenses when they reasonably cause others to fear for their safety.

The fact that police took a report but didn't arrest you on the spot doesn't mean you're in the clear - charges could still be filed days or weeks later based on the police report and video evidence. Your clean record works in your favor, as does the apparent lack of follow-up from the other parties involved, but prosecutors have discretion in deciding whether to pursue charges.

You should consider consulting with a defense attorney immediately rather than waiting to see if charges materialize. They can advise you on your specific situation, potentially contact the prosecutor's office to advocate against filing charges, and help you prepare if charges are filed. In some jurisdictions, you might qualify for diversion programs or anger management classes that could help you avoid more serious consequences, especially as a first-time offender who didn't actually possess a weapon.

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