Criminal threat is a felony with serious consequences. If you’ve been falsely accused of making a criminal threat, act now to defend your rights. We represent Kansas clients in state and federal court.
Choose a law firm that specializes in criminal threat defense.
At the McConnell Law Firm, we’ve got a reputation for telling it like it is. And the truth is that criminal threat cases aren’t easy. There are all kinds of shades of gray. You need a tireless defense attorney who will explore every angle.
Our founding attorney, Jonathan W. McConnell, has bar admissions for state and federal courts in Kansas. We can handle criminal threat and aggravated criminal threat charges at the state or federal level.
Common defenses for criminal threat include:
- The defendant didn’t make the threat
- A simple assault charge (misdemeanor) is more appropriate
- There was no intent to carry out the threat or cause harm
- The alleged statement falls under protected speech
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What to Expect
Request A ConsultationFree Introductory Phone Call
One of our receptionists or legal assistants will gather information about your case. This usually takes about 30 minutes.
Not all lawyers and law firms handle all types of cases. If your case is within the kind of law we practice, we can schedule a free consultation with one of our criminal defense attorneys. If not, we will do our best to refer you to a law firm that can help.
Information-Gathering
We will likely ask you for additional information during or after the first phone call. It will be your task to gather this information, which will help us when it comes time to research the situation and specific laws that may apply to your case.
Free Consultation
You will consult with a criminal defense attorney for about an hour. This is a chance to get to know the attorney and see if they’re the right fit for you.
The attorney will share their analysis of your situation and recommendations for next steps. They will also let you know about anything further we need to get started.
This first consultation does not create an attorney-client relationship. Our firm must have a signed agreement to represent you.
We Get to Work
If you decide to hire us, we will enter into a signed contract. You will make your payment for our services.
Once these steps are complete, we can officially represent you as your legal team. We will inform you about the status of your case every step of the way.
Already a Ruling?
We can help with an appeal.
The McConnell Law Firm fights tirelessly to win appeals for criminal or civil cases.
Criminal Threat FAQ
Here are answers to some of the questions our criminal threat defense attorneys hear most often.
This is general information only. If you have questions about a specific case, consult an experienced criminal defense lawyer. Every case is different, and what applies to 99 situations out of 100 might not apply to yours. You deserve the answers you need to make the best possible decision.
Request a Free ConsultationAccording to Kansas law, a criminal threat is any threat to:
- Commit violence communicated with the intent to place another in fear or to cause the evacuation, lockdown or disruption in regular, ongoing activities of any building, place of assembly or facility of transportation
- Adulterate or contaminate any food, raw agricultural commodity, beverage, drug, animal feed, plant or public water supply
- Expose any animal in this state to any contagious or infectious disease
The charges may be upgraded to aggravated criminal threat when a public, commercial or industrial building, place of assembly or facility of transportation is evacuated, locked down or disrupted as to regular, ongoing activities as a result of the threat.
This is a difficult question to answer. Criminal threat may be charged at the state or federal level. The penalties for the two are very different.
For a state crime, Kansas law classifies criminal threat as a level 9 person felony with a maximum prison sentence of 17 months and a fine up to $100,000. Aggravated criminal threat is a level 5 nonperson felony with a maximum prison sentence of 136 months and a fine up to $300,000.
Penalties may be harsher for criminal threats involving the following:
- Making the threat while armed with a deadly weapon
- Repeated threats
- Threatening retaliation against a judge, juror, officer, lawyer or court official
- Making a threat based on prejudice or hate
- Causing the evacuation of a school, government building, facility of transportation, or other place of assembly
This wide range of possible penalties is one reason it’s so important to contact an experienced criminal threat attorney if you’re facing charges.
You can learn more about this topic here.
No. A criminal threat can take almost any form, including:
- Verbal (spoken)
- Written
- Electronic (email, online messaging, texting, social media posts)
A criminal threat may be made by one or more people, to one or more people.
Yes. Before November 2019, Kansas law stated that threats made in “reckless disregard of causing fear, evacuation, lockdown or disruption” could be considered criminal threats. “Reckless disregard” was far easier to prove than deliberate intent.
The Kansas Supreme Court declared the “reckless disregard” portion unconstitutional and overbroad. Prosecutors must prove intent to cause fear, evacuation, lockdown or disruption.
If you were convicted of criminal threat before 2019, it’s worth contacting an experienced criminal threat defense attorney to see if your case needs another look.
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Call (316) 243-5903 or send us a message now. Our team is ready to help.