Can You Be Charged for Making a Threat?

Yes. In Massachusetts, you can be charged for making a threat if the prosecution believes your words or conduct meet the legal standard for threatening to commit a crime. A threat charge can arise from something said in person, over the phone, through a text message, in a voicemail, on social media, or through another person.

However, not every angry, rude, or emotional statement is a criminal threat. The Commonwealth must prove specific legal elements before a person can be convicted.

What Does Massachusetts Law Say About Threats?

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 threatened to commit a crime against another person or another person’s property. You can review the law here: Massachusetts General Laws Chapter 275, Section 2.

The Massachusetts model jury instruction explains that the Commonwealth must prove the defendant expressed an intent to injure a person or property, intended the threat to be conveyed to a particular person, threatened conduct that would be a crime if carried out, and made the threat under circumstances that could reasonably cause fear that the defendant had the intention and ability to carry it out. The official instruction is available here: Threat to Commit a Crime Model Jury Instruction.

Can a Text Message Count as a Threat?

Yes. Text messages, screenshots, social media messages, emails, and voicemails may be used as evidence if properly authenticated and admitted in court. But the defense may challenge whether the message is complete, accurate, connected to the defendant, or taken out of context.

For related context, see our FAQ on your rights if arrested for assault and battery and our post on how restraining orders affect assault and battery cases.

What If You Were Just Angry?

Many threat cases begin with an emotional argument. A statement made in anger may still lead to a charge if police or prosecutors believe it meets the legal requirements. At the same time, anger alone does not automatically make a statement a criminal threat. Context, wording, intent, and the surrounding circumstances all matter.

If the allegation is connected to a domestic dispute or restraining order issue, you may also want to review our information on facing domestic violence charges in Boston and what happens if you violate a restraining order in Massachusetts.

Should You Talk to Police About the Threat Allegation?

Be careful before speaking with police. You may believe that explaining your side will end the problem, but your statements can still be used against you. Our article on whether you should talk to the police if you are innocent explains why legal advice is important before making statements.

What Should You Do If You Are Accused?

Do not contact the alleged victim to explain, apologize, or argue about what happened. If a court order is in place, contact may create additional legal problems. You should also avoid posting about the situation online or deleting possible evidence before speaking with an attorney.

If you have been accused of making a threat in Massachusetts, The Law Offices of Elliot Savitz and Scott Bradley can help review the facts, evidence, and possible defenses. Contact us today to discuss your case.