Threat of a serious crime involves a person threatening another person to commit a serious criminal offense, such as violence, murder, or rape. A threat exists when the defendant's words or actions create a fear in the victim that this crime will actually be committed. This crime is often considered a serious form of harassment. Threat of a serious crime is punishable by up to two years in prison, community service or a fourth-category fine (€23,000).
An example of a murder threat is when someone says to another person, "If you don't stop bullying me, I will kill you." In this case, the person threatens the most severe form of violence, namely murder, to force the other person to behave as desired. The threat of murder is punishable because the victim is intimidated and frightened by the prospect of deadly violence. This form of threat is serious and can lead to legal prosecution because it is a serious violation of the victim's safety and peace of mind.
What does the law article say about threat?
The law article that criminalizes threats, Article 285 of the Penal Code, reads as follows:
'He who threatens another person orally, by writing or image, or by facts, with any crime against life, or with rape, aggravated assault or with arson, shall be punished with imprisonment for not more than two years or with a fine of the fourth category.'
What penalties can be imposed for threats?
The judge determines whether an offense has been committed and what punishment is appropriate. This takes into account all the circumstances of the case, including the defendant's personal situation. The attorneys at Kötter, L'Homme & Plasman Advocaten ensure that these circumstances are properly brought forward during the hearing. The maximum penalty for threatening a serious crime is two years in prison, but this penalty is by no means always imposed. Sometimes the judge opts for community service or a fine.
How can a lawyer help with a threat allegation?
An attorney at Kötter, L'Homme & Plasman Lawyers can be of great value if you are suspected of being threatened with a serious crime. For example, our lawyers can convince the judge that there is insufficient evidence to reach a conviction, which may lead to an acquittal. If the defendant has confessed to the crime, the attorney can argue circumstances that warrant a lesser sentence. We provide sound, honest and sincere advice, and ensure that you are represented in the best possible way during the hearing.
Exoneration for threat?
With regularity, suspects are acquitted of this crime. An example is shown below.
The court acquitted a defendant of menacing because it could not be proven that he intentionally fired a firearm into the air to intimidate others. The evidence was insufficient to determine whether the defendant actually fired at close range or whether the shots were intended to threaten. The statements of defendant and witness [Witness 1] were contradictory and crucial evidence such as the weapon and witnesses who could corroborate the incident were missing. This left it unclear what exactly was the intent behind the shots, leading to acquittal of the threat.
Need lawyer for serious crime threat?
The attorneys at Kötter, L'Homme & Plasman Advocaten are experienced criminal law specialists in the area of threat of a serious crime and can assist you if you are suspected of this crime. We will discuss with you the criminal case file and determine together with you a strategy to achieve the best possible result. Should you have to appear in court, we will carefully prepare you and ensure that you are defended in the best possible way during the hearing.
Do you have any questions? If so, please feel free to contact our office. You can reach us by email at info@klpadvocaten.nl or by phone during office hours at 020-6731548. In case of emergency (for example, if you or someone you know may soon be arrested), please call our emergency number 06-24428734.
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