Second Degree Terroristic Threat Lawyer

Second Degree Terroristic Threat Attorneys in St. Louis, Missouri

Being arrested or charged with making a terroristic threat in the second degree in St. Louis is a major problem. Threats of terrorism disrupt the public and cause fear and panic. As a result, prosecutors tend to pursue convictions in these cases aggressively.

Even if your second degree terroristic threat charge arose from a mistake or a misunderstanding, you can still be found guilty of the charge and spend time in prison as a result. That’s why it’s vital for you to speak to a defense attorney if you’re under investigation for terrorism charges.

Combs Waterkotte knows exactly how to handle these charges. We’ll start with a free, confidential consultation to assess your side of the story and ascertain the facts of the case. We’ll also answer any questions you may have about the charges, any potential investigative hurdles, or your rights under the law.

Our experienced team will then start to build your case based on the available evidence, the facts, and our years of criminal defense experience. From your first contact with us to the conclusion of your case, we’ll do everything we can to help minimize the impact of your second degree terroristic threat charges on your life.

What Is a Second Degree Terroristic Threat in St. Louis?

What exactly constitutes a second degree terroristic threat in St. Louis under Missouri law? According to RSMo §574.120, a person makes a second degree terrorism threat when they “recklessly” disregard the risk of causing an evacuation or a building or structure, and “knowingly”:

• Threaten to cause danger to the lives of others
• Make a false report of an incident involving danger to the lives of others
• Cause a false belief that an incident involving danger to the lives of others has occurred

The two key terms to understand in the statute are “recklessly” and “knowingly,” as they can very well be the difference between being innocent and guilty of the offense. Missouri’s Revised Statutes lay out definitions for both terms:

• Recklessly: Under RSMo §556.061, recklessly means disregarding a substantial and unjustifiable risk of a certain result beyond what a reasonable person would do
• Knowingly: Under RSMo §562.016, knowingly means being aware that one’s conduct is practically certain to lead to a particular result

These two qualifiers establish some level of intent behind second degree terroristic threats, but, as we’ll see, that intent isn’t necessarily as strong as other terrorism charges under Missouri law.

Differences Between First and Second Degree Terroristic Threat Charges in St. Louis

The first difference between second and first degree terroristic threat charges is that the first degree statute says the threat must affect 10 or more individuals. The second degree statute does not specify an amount of people — only that the threat causes some kind of evacuation or panic.

The main difference between the two charges, though, is the level of intent behind them. While both charges involve acting “knowingly,” there is a slight difference between the extent to which intent matters for each charge:

• First degree terroristic threats require “purpose”
• Second degree terroristic threats require “reckless disregard”

RSMo §562.016 defines “acting purposefully” as consciously trying to cause a certain result or outcome. This level of intent means it’s much tougher for prosecutors to prove first degree terroristic threats. It’s easier for them to prove “reckless disregard,” as this standard of proof requires a lower threshold of culpability.

When Making a Second Degree Terroristic Threat in St. Louis Becomes a Federal Investigation

There are instances where making a second degree terroristic threat in St. Louis might fall under federal jurisdiction. This is not ideal for a defendant, as federal criminal charges come with much higher scrutiny and penalties than state law.

The following are some of the federal agencies that may get involved with a second degree terrorism charge and the circumstances that may prompt their involvement:

• The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) investigates threats involving firearms, bombs, or other explosives, especially when evidence points to the defendant having access to those kinds of weapons
• The Department of Homeland Security (DHS) looks into instances where threats target railways, airports, or other infrastructure affecting public safety
• The Federal Bureau of Investigation (FBI) looks into threats involving interstate communication, potential ties to extremist groups, or mass casualties
• Federal and local agencies typically collaborate through Joint Terrorism Task Forces (JTTF) to respond quickly to serious terrorism threats
• When online threats cross state lines, federal jurisdiction may apply under federal communication or cybercrime statutes

Penalties for a Second Degree Terroristic Threat Conviction in St. Louis

Making a terroristic threat in the second degree is a Class E felony in St. Louis, punishable up to 4 years in prison. On top of time behind bars, a felony conviction in Missouri can carry other consequences that can cause problems in your personal and professional life.

The Loss of Civil Rights

In Missouri, a felony conviction can result in the forfeiture of certain civil rights. These include the loss of voting rights, the loss of firearm rights, the inability to serve on a jury, and the inability to run for or hold elected office.

Challenges Applying for Housing

In St. Louis, landlords often run background checks, and a felony conviction can lead to denied rental applications. Public housing programs may also impose strict eligibility requirements, making it much harder to secure stable, long-term housing.

Limited Employment Opportunities

A felony conviction in St. Louis can significantly limit your job prospects. Many employers conduct background checks, and certain industries, like healthcare, education, and finance, may automatically disqualify applicants with criminal records.

Consequences to Your Immigration Status

For non-citizens, a felony conviction can have serious immigration consequences, including deportation, the denial of visas, or ineligibility for naturalization. These outcomes can permanently affect your ability to remain in the United States.

Travel Restrictions (Including International Travel)

If you’re convicted of a felony in St. Louis, it can limit your ability to travel both domestically and internationally. Some countries deny entry to individuals with criminal records, and probation or parole conditions may restrict your ability to leave certain areas.

Difficulty Obtaining Certain Professional Licenses

Many professional licenses in St. Louis, Missouri require background checks. A felony conviction can make it difficult (or even impossible) to obtain or maintain licenses, especially in fields like law enforcement, healthcare, real estate, or commercial driving.

Problems with Custody Rights or Visitation Restrictions

While a felony conviction doesn’t automatically terminate parental rights, it can impact custody and visitation decisions. This is especially true in cases involving violence, drugs, or harm to a child.

Probation or Parole Requirements with Strict Conditions

Many felony sentences include probation or parole, which come with strict rules like regular check-ins, drug testing, and compliance with other court-ordered conditions. Violations can result in additional penalties or incarceration.

What to Do When Charged with Making a Second Degree Terroristic Threat in St. Louis

If you’re arrested or charged for a second degree terroristic threat, it’s very important to do as much as you can to help your own legal defense. You have certain rights under the law, and you should exercise them at all times. Taking the following steps can go a long way to strengthening your case against your second degree terrorism threat charges:

• Exercise Your Right to Remain Silent: If you’re arrested for a terroristic threat, do not explain or justify your statements. Anything you say may be used to prove intent. Invoke your Fifth Amendment right immediately.
• Ask for an Attorney: Clearly request a lawyer as soon as possible. Terroristic threat charges often involve complex intent and digital evidence, so having an attorney present before questioning is critical.
• Do Not Consent to Searches: Police may request access to your phone, computer, or accounts. Remember: you are protected under the Fourth Amendment. Politely refuse consent unless they present a valid warrant.
• Document Your Version of Events: As soon as possible, write down what was said or posted, the context, and who may have seen it. These details can be critical to building your defense.
• Preserve Potential Evidence: Do not delete messages, posts, or files. The full context of your communications may help demonstrate lack of intent or that no real threat was made.
• Avoid Discussing the Case with Anyone: Do not discuss the alleged threat with friends, family, or coworkers. Statements about what you meant or intended can be used as evidence against you.
• Do Not Attempt to Walk Back the Statement: Trying to explain or “walk back” your statement can hurt your case. Prosecutors may use your explanation to establish intent. Remain silent and let your attorney speak for you.
• Stay Off Social Media: Do not post, delete, or edit anything on social media. Activity on your accounts can be used as evidence, and deleting content may be viewed as destroying evidence.