Terroristic Threats Charge Amended to Municipal Ordinance Violation
A recently represented a defendant charged with a serious third degree criminal offense called terroristic threats in violation of NJSA 2C:12-3. This is an indictable criminal offense (felony). The case started out at the Essex County Superior Court. After discussions with the AP, the case was remanded to the Newark Municipal Court and initially downgraded to a petty disorderly persons offense called harassment.
After a few months of discovery issues, a police report was finally produced. One of the big problems that the State had was that one of the main witnesses was an identified person that the state conceded could not be located. However, the conduct in question was mainly directed a the police officers involved, so there was certainly questions on both sides as to the outcome at trial.
After negotiations, the State agreed to recommend that my client plead guilty to a municipal ordinance violation. This is not a criminal offense and does not appear on a criminal record. It is typically assessed as a fine only. Given where the defendant started, he was very happy with the outcome.