Assault vs. Communicating Threats
- Under N.C. Gen. Stat. § 14-33, “assault” includes an attempted attempt to commit a battery or conduct that causes someone to reasonably fear imminent harmful or offensive contact.
- But direct assault charges typically require some manifestation that the threat is imminent—not just vague statements made later or in writing.
- Separately, N.C. Gen. Stat. § 14-277.1 makes communicating threats a distinct crime. Under that statute, a person is guilty of a Class 1 misdemeanor if they willfully threaten to injure someone or damage property (or that person’s family) via any means of communication, where the threat is such that a reasonable person would believe it could be carried out, and the intended target believes it.
- Because communicating threats explicitly includes “or by any other means” (which covers electronic/written communications) it captures texts, DMs, emails, social media messages, or other digital threats.
So threatening messages may result in communicating threats charges under § 14-277.1, and sometimes under assault (if the threat is immediate and credible).
Key Elements Prosecutors Must Prove
To convict someone under § 14-277.1 (communicating threats), the state must establish:
- Willful Threat
- The defendant made a threat (to physically injure someone, harm property, or harm a person’s family member).
- The word “willfully” means the person acted intentionally (not by accident or mistake).
- Communication to the Other Person
- The threat was conveyed by writing, speech, or other means (including electronic messages or DMs).
- Credibility Under the Circumstances
- The threat was made under circumstances that a reasonable person would view the threat as likely to be carried out. (North Carolina General Assembly)
- Belief by the Target
- The person threatened believed that the threat would be carried out.
If all these elements are proven beyond a reasonable doubt, a communicating threats charge may stand.
If prosecutors try to charge it as assault, they also must show that the threat created a reasonable apprehension of imminent harm (even without actual physical contact). That’s a more demanding standard. (
Examples Where Threatening Texts or DMs Could Lead to Charges
- A message saying, “I’m going to come to your house tonight and break your legs,” sent directly to someone, could satisfy the elements of communicating threats.
- Repeated DMs saying violent or harassing things that cause the recipient to fear for their safety.
- A social media DM disparaging someone and telling them to “watch their back” in a violent context.
- Even a message sent through a third party if the intended victim hears about it and perceives it as a direct threat.
In some cases, prosecutors may combine a communicating-threats count with an assault count if the threat is close enough to being executable immediately.
Common Defense Strategies
If you’re accused based on a threatening text or DM, here are defenses that can challenge the charge:
- Lack of Intent: Show that the message was a joke, hyperbole, or not seriously intended to threaten.
- No Reasonable Fear or Credibility: Argue that the circumstances made the threat seem unbelievable (the person sending the message lacked means, the message was vague, or the recipient had reason not to fear it).
- Misinterpretation or Taken Out of Context: The message may not be threatening when read in its full context.
- Free Speech/First Amendment Issues: Not every harsh or angry statement is a criminal threat—true threats are not protected, but borderline cases may have free speech defenses.
- Absence of Communication: Deny that the message was ever sent or received.
- No Belief by Target: Argue the recipient never believed the threat would be carried out.
An effective attorney will dissect the messages, challenge inference of intent, and emphasize context and credibility.
Why You Need Legal Help
Even though a threatening text might feel minor, it can carry serious consequences—a misdemeanor on your record, possible jail time, fines, probation, and reputation damage. Because electronic threats are relatively newer in legal practice, they often hinge on fine interpretations and how compelling the evidence is. Having experienced legal counsel is crucial to protect your rights and ensure proper challenge of intent and credibility.
If you are facing a criminal accusation based on threatening texts or online messages in North Carolina, don’t wait. At Martine Law, our criminal defense team understands how to navigate digital communications laws, challenge the prosecution’s case, and defend your future.