Posts Tagged ‘Terroristic Threats Charges in Berks County’

ENM Law News: Terorristic Threats charge dismissed at preliminary hearing

Thursday, October 19th, 2017

A client recently came to Attorney McAllister looking for help after a fight with a roommate. Our client had been charged with Terroristic Threats and his preliminary hearing was scheduled to be heard in Reading Central Court (read more about RCC here). The roommate testified that our client threatened to shoot him. The roommate admitted that he had never seen our client with a gun. While not denying the statement, Attorney McAllister argued to the magisterial district judge that it didn’t constitute a Terroristic Threat. Confused by how that can be true? Luckily, Attorney McAllister isn’t!

Pennsylvania law requires that in order for a threat to constitute a Terroristic Threat, it must be made with the intent to terrorize, or with reckless disregard that it will cause terror. Pennsylvania courts have decided that this definition does not include statements made with transitory anger (i.e., speaker didn’t intend to carry out the threat and didn’t have reason to believe that the statement would make you believe that he was going to).

In our case, Attorney McAllister argued that because our client didn’t have a gun and his roommate knew that he didn’t have a gun, there was never an intent to terrorize with the statement and no reason for the roommate to believe that he was going to follow through on the threat. The magisterial district judge dismissed the Terroristic Threats charge against our client and he was no longer facing 5 years incarceration and a $10,000 fine. If you’ve been charged with a Terroristic Threats case in Berks County, contact our knowledgeable criminal defense attorneys at 610-372-5128 or info@enmlaw.com.

Not Guilty Verdict in Berks County Terroristic Threats Case

Friday, August 5th, 2011

We won our third Not Guilty verdict of the week today. This case involved a neighbors’ dispute which resulted in my client and his adult son being charged with Terroristic Threats, Disorderly Conduct and Harassment. The dispute took place after a chance encounter in the Home Depot parking lot in Exeter Township. The complainant alleged that my client threatened to shoot him and/ or “eradicate” him. My client and his son don’t dispute the encounter, but maintain that they committed no crime.

Myself and co-Defendant’s Counsel were able to impeach the credibility of the complainant through crimen falsi, inconsistent statements and motive. In the end the Judge found both my client and his son not guilty of all charges. This victory comes on the heals of a not guilty on a Simple Assault/ parental discipline case and my partner’s acquittal on a summary harassment case earlier this week.

If you or a loved one is looking for a skilled criminal trial attorney in Berks County, PA call our office today for a free consultation.

Felony Charges Reduced to Misdemeanor Probation

Wednesday, December 22nd, 2010

My client was originally charged with burglary, 18 Pa.C.S.A. 3502 (Felony of 1st Degree), robbery, 18 Pa.C.S.A. 3701 (Felony of 2nd Degree), criminal trespass, 18 Pa.C.S.A. 3503 (Felony of 3rd Degree), terroristic threats, 18 Pa.C.S.A. 2706 (Misdemeanor of 1st Degree), and simple assault, 18 Pa.C.S.A. 2701 (Misdemeanor of 2nd Degree).  A preliminary hearing was held several months ago, at which time all the charges were held for court by the Magisterial District Judge in Reading Central Court.

As the case progressed, my client received an initial “plea deal” of 1.5 – 3 years in State Prison from the District Attorney’s Office, and he was facing significantly more time than that if he took the case to a trial.  Additionally, my client was employed full-time and provided support to his two (2) young children.  Under no circumstances could he afford to spend even one (1) day in jail.  Therefore, I filed a Omnibus Pre-trial Motion / Habeas Corpus Motion in the Berks County Court of Common Pleas seeking dismissal of all charges.

Although we were prepared to proceed with the hearing, my client was presented with a new “plea deal” on the day of the hearing.  The deal was for the charge of terroristic threats, which is a misdemeanor, and the sentence was a two (2) year period of probation.  The deal included no jail time, and my client avoided a felony conviction on his record.  He was very happy with the outcome of his case.

If you are facing criminal charges in Berks County, please contact my office as soon as possible to setup a no-cost consultation.  Never discuss your case with the police or anyone else prior to consulting with an attorney.