Terrorizing: Charges and Penalties in Bismarck, ND
Terrorizing charges in North Dakota are serious and can lead to severe legal consequences. If you are facing terrorizing charges in Bismarck, ND, understanding the legal definition, the potential penalties, and how to defend against such charges is crucial. This article will explain the law, penalties, and defenses available for those accused of terrorizing.
What is Terrorizing Under North Dakota Law?
According to North Dakota Century Code Section 12.1-17-04, terrorizing is defined as making threats to commit a violent act or threatening to take actions that would endanger human life. These threats must be made with the intent to:
- Cause fear for another person’s safety,
- Force the evacuation of a building, place of assembly, or facility, or
- Cause significant public inconvenience or disrupt lawful activities.
Even if no physical harm occurs, making a credible threat that causes fear or public disruption can result in a terrorizing charge. For example, if someone threatens to commit violence during a public event and that threat leads to panic or evacuation, they can be charged with terrorizing.
Elements of Terrorizing
To be convicted of terrorizing, the prosecution must prove several key elements:
- Intent: The individual intended to create fear or cause public disruption.
- Threat of Violence: A credible threat was made to commit a violent act or endanger human life.
- Fear or Disruption: The threat resulted in genuine fear or caused a public disturbance, such as an evacuation.
Penalties for Terrorizing in North Dakota
Terrorizing is classified as a Class C felony, which carries severe penalties. Those convicted of terrorizing can face substantial imprisonment, fines, and long-term consequences like a permanent criminal record.
Class C Felony Penalties
- Imprisonment: Up to five years in prison.
- Fines: Up to $10,000.
These penalties can impact a person’s life well beyond the immediate legal consequences. A felony conviction can make it difficult to find employment, result in the loss of civil rights, and limit future opportunities.
Probation Information
If convicted of terrorizing, probation may be available as an alternative to imprisonment. Probation can last up to five years for a Class C felony conviction. Conditions of probation may include mandatory counseling, regular meetings with a probation officer, and community service. Violating probation terms can result in additional penalties, including imprisonment.
Full Language of North Dakota Century Code Section 12.1-17-04: Terrorizing
Here is the full text of Section 12.1-17-04:
North Dakota Century Code Section 12.1-17-04: Terrorizing
- A person is guilty of a Class C felony if the person, with intent to place another human being in fear for that human being’s safety, or with intent to cause the evacuation of a building, place of assembly, or facility of public transportation, or with intent to cause serious public inconvenience, commits or threatens to commit any crime of violence or act dangerous to human life.
- A person is also guilty of a Class C felony if the person, with reckless disregard of the risk of causing such terror, inconvenience, or evacuation, commits or threatens any crime of violence or act dangerous to human life.
Mandated Intervention Program for Domestic Violence Offenders
If the terrorizing offense involves an intimate partner, such as a spouse, former spouse, dating partner, or someone with whom the offender shares a child, the court will require the offender to complete a domestic violence offender assessment and intervention program. This program is mandatory and must be completed if ordered by the court, except in cases where a domestic violence intervention program is not available.
What is an Intimate Partner?
The term intimate partner includes:
- A spouse or former spouse,
- A current or former dating partner, or
- An individual with whom the offender has a child, regardless of marital or cohabitation status.
The court may not order anger management or individual counseling unless a domestic violence intervention program is unavailable or inappropriate for the case.
Firearm Possession Restrictions
A conviction for terrorizing, particularly as a Class C felony, can lead to the loss of firearm rights under Section 62.1-02-01. If convicted of terrorizing as a Class C felony, you may lose the right to possess firearms for ten years from the date of conviction or the date of release from incarceration, parole, or probation, whichever is later.
For certain misdemeanor convictions involving violence, the restriction lasts for five years. In some cases, individuals with mental health conditions that lead to confinement may also lose their firearm rights under this section.
Defenses for Terrorizing Charges
There are several potential defenses against terrorizing charges, depending on the circumstances of the case. These defenses may include:
- Lack of Intent: If the prosecution cannot prove that the threat was made with the intent to cause fear or disrupt public activities, the charges may be reduced or dismissed.
- False Allegations: In some cases, a person may be falsely accused of making threats. A skilled attorney can investigate the circumstances and expose inconsistencies in the accuser’s testimony.
- Lack of Credible Threat: The prosecution must prove that the threat was credible and caused genuine fear. If the threat was clearly a joke or not taken seriously by the victim, this may be a viable defense.
How Terrorizing Charges Can Arise in Practical Situations
Terrorizing charges can result from various situations, such as:
- Verbal Threats: A threat made during a heated argument that causes the other person to fear for their safety can lead to terrorizing charges, even if no violence occurs.
- Public Disruption: Threats made in public settings, like schools or events, that lead to evacuations or panic can be prosecuted as terrorizing.
- Reckless Behavior: Actions that endanger others, even without the intent to cause fear, can result in terrorizing charges if they create significant public disruption or inconvenience.
Importance of Hiring a Criminal Defense Attorney in Bismarck
If you are facing terrorizing charges in Bismarck, ND, having an experienced criminal defense attorney is crucial. A skilled attorney can:
- Analyze the Evidence: Your attorney will review the prosecution’s case, witness testimony, and any other evidence to build a strong defense.
- Challenge the Charges: Assault charges can be based on false allegations or exaggerations. Your attorney will work to challenge these claims and protect your rights.
- Negotiate a Plea Deal: In some cases, your attorney may be able to negotiate a plea deal for reduced charges, especially if it is a first offense or if the evidence is weak.
Frequently Asked Questions About Terrorizing in North Dakota
What is the penalty for terrorizing in North Dakota?
Terrorizing is classified as a Class C felony, punishable by up to five years in prison and fines of up to $10,000.
Can a terrorizing charge be reduced?
Yes, charges may be reduced if the defense can prove there was no intent to cause fear or if the threat was not credible.
What is the difference between terrorizing and assault?
Terrorizing involves making threats with the intent to cause fear or disrupt public safety, while assault involves physical violence or harmful actions that result in injury.
Can probation be granted for terrorizing?
Yes, probation may be available for terrorizing charges. For a Class C felony, probation can last up to five years, with various conditions attached.
How does a terrorizing conviction affect firearm rights?
A terrorizing conviction may lead to the loss of firearm rights for up to ten years if it is classified as a Class C felony. For certain misdemeanors, the restriction lasts for five years.
What should I do if I am falsely accused of terrorizing?
If falsely accused, it’s crucial to gather evidence to support your defense. An attorney will help investigate the circumstances, challenge false claims, and present evidence in your favor.
Can reckless behavior lead to terrorizing charges?
Yes, even if there was no intent to cause fear, reckless actions that create a public disruption or fear can lead to terrorizing charges.