Have you or your loved one been charged with the above-reference offense? If so, call Attorney Scambio for a free consultation at 508-796-5737.
The Massachusetts Legislature defines Threat to Commit a crime under Massachusetts General Law Chapter 275, §2 as follows:
Section 2. If complaint is made to any such court or justice that a person has threatened to commit a crime against the person or property of another, such court or justice shall examine the complainant and any witnesses who may be produced, on oath, reduce the complaint to writing and cause it to be subscribed by the complainant.
The model jury instructions requires the Commonwealth to prove the following in order for the Commonwealth to prove each element of the offense. The Commonwealth must prove each of the following elements beyond a reasonable doubt at trial:
First: That the defendant expressed an intent to injure a person, or property of another, now or in the future;
Second: That the defendant intended that his threat be conveyed to a particular person;
Third: That the injury that was threatened, if carried out, would constitute a crime; and
Fourth: That the defendant made the threat under circumstances which could reasonably have caused the person to whom it was conveyed to fear that the defendant had both the intention and the ability to carry out the threat. It is not required that the victim became apprehensive because of any threat that was made. But you may consider whether he was apprehensive in determining whether the Commonwealth has proved the fourth element that it must prove- namely, that the defendant under consideration made the threat under circumstances which could reasonably have caused the victim to fear that the defendant had both the intention and the ability to carry out the threat.
If you have been charged with this offense and need a trial attorney with real trial experience and trial solutions, or if you have any questions related to this criminal offense, call Attorney Scambio today at 508-796-5737. Remember, before you decide whether to make any statements to law enforcement, discuss that decision with a competent attorney. Attorney Scambio is available six (6) days a week and will take your call to discuss assisting you in your criminal matter.