Threat Charges in Massachusetts

A heated argument, angry text message, phone call, social media post, or emotional statement can sometimes lead to a criminal charge in Massachusetts. If someone claims you threatened them, the case may move quickly from a personal dispute to a criminal matter. Even when no physical contact occurred, a threat allegation can still result in court dates, bail conditions, no-contact orders, probation, or a criminal record.

Threat charges are often connected to domestic disputes, neighbor conflicts, workplace arguments, school incidents, road rage, family disagreements, or online communications. The words used matter, but so does the context. Massachusetts law does not treat every rude, angry, or offensive statement as a crime. The prosecution must prove specific elements before someone can be convicted of threatening to commit a crime.

What Is a Threat Charge in Massachusetts?

In Massachusetts, threatening to commit a crime is addressed under Massachusetts General Laws Chapter 275, Section 2. The statute applies when a complaint is made that a person has threatened to commit a crime against another person or another person’s property. You can review the statute here: Massachusetts General Laws Chapter 275, Section 2.

Threat cases can involve alleged threats of physical harm, property damage, or another criminal act. The issue is not simply whether someone felt offended or upset. The court will look at whether the statement or conduct meets the legal requirements for a criminal threat.

What Must the Commonwealth Prove?

The Massachusetts District Court model jury instruction for threat to commit a crime explains that the Commonwealth must prove specific elements beyond a reasonable doubt. The official model instruction can be found through Mass.gov here: Threat to Commit a Crime Model Jury Instruction.

In general, prosecutors must prove that:

• The defendant expressed an intent to injure a person or property, either now or in the future.
• The defendant intended the threat to be conveyed to a particular person.
• The threatened injury, if carried out, would be a crime.
• The threat was made under circumstances that could reasonably cause the recipient to fear the defendant had both the intention and ability to carry it out.
• The defendant was aware of, or consciously disregarded, the risk that the communication would be viewed as threatening.

Can Words Alone Lead to a Criminal Charge?

Yes, words alone may lead to a charge in some circumstances. A threat does not always have to involve physical contact, a weapon, or an immediate attack. A statement made in person, over the phone, through text messages, through social media, or through another person may become part of a criminal case.

However, not every angry statement is a criminal threat. The prosecution must prove more than the fact that someone was upset or offended. If the allegation grew out of an argument, domestic incident, or physical confrontation, related assault concerns may also arise. For additional context, see our information on your rights if arrested for assault and battery and what to do after being accused of assault in Massachusetts.

Examples of Situations That May Lead to Threat Charges

Threat charges can arise from many situations, including:

• A text message sent during a domestic dispute
• A statement made during a fight or argument
• A voicemail or phone call accusing someone of making threats
• A social media message or post
• A threat allegedly made through a friend, coworker, or family member
• A confrontation involving neighbors, landlords, tenants, or business disputes
• A school, workplace, or public incident

In many cases, the defense will focus on what was actually said, whether the statement was directed at a particular person, whether it threatened a crime, and whether the surrounding circumstances support the charge.

Threat Charges, Domestic Violence, and Restraining Orders

Threat allegations often appear in domestic violence cases, restraining order disputes, and no-contact situations. If the accusation involves a spouse, partner, family member, roommate, or household member, the court may impose conditions that restrict communication or contact.

For related information, see our posts on facing domestic violence charges in Boston, what happens if you violate a restraining order in Massachusetts, and how restraining orders affect assault and battery cases.

Can Text Messages Be Used in a Threat Case?

Yes. Text messages, screenshots, call logs, voicemails, emails, and social media messages may be used as evidence if they are properly authenticated and admitted under Massachusetts evidence rules. The Massachusetts Guide to Evidence addresses authentication of electronic and digital communications, including circumstances that may allow a reasonable fact finder to conclude that the evidence is what its proponent claims it to be. You can review the relevant evidence rule here: Massachusetts Guide to Evidence Section 901.

That does not mean every screenshot is automatically reliable or admissible. A defense attorney may question who sent the message, whether the screenshot is complete, whether the conversation is missing context, whether another person had access to the phone, or whether the message was altered, misread, or taken out of context.

What Are the Penalties for Threatening to Commit a Crime?

Threatening to commit a crime is a serious accusation. Depending on the facts, a person may face court supervision, probation, fines, a criminal record, no-contact orders, or other consequences. In some cases, a threat allegation may also be connected to other charges, such as assault, criminal harassment, stalking, violation of a restraining order, or domestic violence-related allegations.

For example, Massachusetts criminal harassment law addresses a knowing pattern of conduct or series of acts directed at a specific person that seriously alarms that person and would cause a reasonable person substantial emotional distress. You can review that statute here: Massachusetts General Laws Chapter 265, Section 43A.

What If the Statement Was a Joke or Made in Anger?

Many threat cases involve statements made during emotional moments. A person may say something impulsive, sarcastic, exaggerated, or careless without intending to commit a crime. However, prosecutors may still pursue charges if the alleged victim, police, or court believes the statement meets the legal standard.

The defense may focus on whether the statement was a true threat, whether it was directed to a particular person, whether the alleged victim’s fear was reasonable, and whether the defendant was aware of the risk that the communication would be viewed as threatening.

Should You Talk to Police About a Threat Allegation?

If police want to speak with you about an alleged threat, do not assume you can explain the situation away. Statements made to police may be used against you, even if you believe you are innocent or the accusation is exaggerated. For more information, see our article on whether you should talk to the police if you are innocent.

What Should You Do If You Are Accused of Making a Threat?

If you are accused of making a threat, avoid making the situation worse. Do not contact the alleged victim to explain yourself, apologize, argue, or ask them to drop the case. Even well-intentioned contact may violate a court order or create new evidence against you.

You should also be careful about deleting messages, posting online, or discussing the incident with mutual friends. Anything you say or do may later be reviewed by police, prosecutors, or the court.

Possible Defenses to a Threat Charge

Possible defenses may include:

• The statement did not express an intent to commit a crime.
• The statement was not directed at a particular person.
• The words were taken out of context.
• The statement was exaggerated, sarcastic, or not a true threat.
• The recipient could not reasonably believe the defendant had the intent and ability to carry it out.
• The defendant did not send the message or make the statement.
• The electronic evidence is incomplete, unreliable, or not properly authenticated.
• The Commonwealth cannot prove the elements beyond a reasonable doubt.

Talk to a Massachusetts Criminal Defense Lawyer About a Threat Charge

A threat charge should not be ignored. Even if you believe the situation was exaggerated or misunderstood, the case can affect your record, your freedom, your family, your job, and your ability to communicate with certain people.

The Law Offices of Elliot Savitz and Scott Bradley represent clients facing criminal charges throughout Massachusetts. If you have been accused of making a threat, contact us today to discuss your case.

Legal Disclaimer: This article is for general informational purposes only and is not legal advice. Reading this information does not create an attorney-client relationship. Every case is different, and you should speak with a Massachusetts criminal defense attorney about your specific situation.

Frequently Asked Questions About Threat Charges in Massachusetts

Can I be charged for a threat made by text message?

Yes. A text message may be used as evidence if prosecutors can connect it to you and show that it meets the legal requirements for a threat charge.

Can a threat charge lead to a no-contact order?

Yes. Depending on the facts, the court may impose conditions restricting contact with the alleged victim or witnesses.

What if the alleged victim contacts me first?

You should not respond without legal advice if a no-contact order or court condition is in place. The order applies to you, even if the other person initiates contact.