First Degree Terroristic Threat Attorneys in St. Louis, Missouri
In St. Louis, making a terroristic threat in the first degree is a serious charge. It can stem from a mistake or misunderstanding, but even if it does, consequences for a conviction are dire. If you’ve been arrested or charged with making a terrorist threat, you need to hire a criminal defense lawyer right away.
“Combs Waterkotte provided an extremely professional and descriptive consultation that sold me in short order... [They are] competent to tackle even the most complex of cases... I would recommend [the] firm's services to any and all.”
Brian D. | Combs Waterkotte Client
At Combs Waterkotte, we start all new clients off with a consultation. During this talk, we work with you to understand the facts of the case and the evidence from your point of view. We then get to work to build you the best criminal defense we can to achieve an outcome that will minimize the impact of your charge on your life and career.
If you’re ready to fight back against your first degree terroristic threat charges, call Combs Waterkotte today at (314) 900-HELP or, if you prefer, contact us online. We'll do everything we can to fight for your rights and defend your freedom.
What Constitutes a First Degree Terroristic Threat in St. Louis?
Given the grave nature of making a terroristic threat in the first degree, it’s important to understand which actions or situations can cause prosecutors to charge someone with it. Under Missouri law, statute RSMo §574.115 tells us a person commits making a terrorist threat in the first degree when:
A person knowingly causes the evacuation or closure of a building or place of assembly with the purpose of frightening 10 or more people by:- A person knowingly causes the evacuation or closure of a building or place of assembly with the purpose of frightening 10 or more people by:
- Communicating or implying a threat to cause an incident that endangers lives
- Communicating a false report of an incident involving danger to life
- Causing the belief that an incident has occurred that involves danger to life
The crux of the statute involves a common word in Missouri law: “knowingly.” According to the state of Missouri, a person acts knowingly when they are aware that their conduct is almost sure to lead to a certain result. The use of the word “knowingly” means there must be intent involved in making a terroristic threat.
Even if no real danger exists, you can still face charges. Creating the appearance of a life-threatening situation, either through a threat or false report, is enough to face terrorism threat charges under Missouri law.
The statute does concede, though, that making a first degree terrorist threat does not occur when a person “acts in good faith with the purpose of preventing harm.”
What Are the Penalties for Making a First Degree Terroristic Threat in St. Louis?
According to RSMo §574.115, making a terroristic threat in the first degree is a Class D felony in St. Louis, an offense that can result in a fine up to $10,000 and a prison sentence up to 7 years.
In addition to fines and prison sentences, a felony conviction in St. Louis, Missouri can lead to other consequences, too, such as:
- A permanent criminal record visible on background checks
- The loss of voting rights while incarcerated
- The inability to serve on a St. Louis jury
- The loss of firearms rights (under both Missouri law and federal law)
- The inability to hold elected office in St. Louis
- Limited employment opportunities in St. Louis
- Difficulty obtaining certain professional licenses in St. Louis
- Challenges applying for St. Louis housing
- Problems with custody rights or visitation restrictions
- Consequences to your immigration status
- Probation or parole requirements with strict conditions
- Travel restriction (including international travel)
Criminal Defense Strategies for Making a First Degree Terroristic Threat in St. Louis
Due to the severe penalties involved with making a terroristic threat in the first degree in St. Louis, the best thing you can do for yourself is to hire a criminal defense lawyer. A good lawyer may be able to use some of the following criminal defense strategies to reduce or dismiss your charges (or achieve an acquittal should your case go to trial).
Lack of Intent
First degree terroristic threat charges require proof that you knowingly and purposefully intended to terrorize others or disrupt the public. If the statement was a joke, sarcasm, or lacked real intent to cause fear or evacuation, the prosecution may fail to prove their case.
No True Threat
Missouri law does not criminalize all speech. If the threat was vague, exaggerated, or not credible to a reasonable person, it may not qualify as a “true threat” and could be protected under the First Amendment.
Insufficient Evidence of Mass Impact
To qualify as a first degree terroristic threat under Missouri law, the state must show intent to terrorize 10 or more people or cause an evacuation or disruption. If there’s no evidence of widespread fear, shutdowns, or public inconvenience, the charge may be reduced or dismissed.
False Accusation or Misidentification
Many terrorist threat cases involve anonymous or online communications. If the prosecution cannot prove you were the person who made the statement through IP data, device logs, or witnesses, their case may collapse in the face of an alibi defense.
Fourth Amendment Violations
If police obtained text, social media data, or your personal devices without a valid warrant or probable cause, that digital evidence may be suppressed due to a violation of your Fourth Amendment rights.
Fifth Amendment or Miranda Violations
If law enforcement questioned you about alleged threats without properly advising you of your Miranda rights, this could be a violation of your Fifth Amendment rights. As a result, any statements you made may be excluded from evidence.
Lack of Credibility or Reliability of Evidence
First degree terroristic threat cases often rely on digital communications. A defense attorney may challenge screenshots that may have been altered, messages that may have been misinterpreted, witnesses who may be unreliable, or context that may be incomplete.
No Ability to Carry Out the Threat
While this isn’t always required, showing that you had no access to weapons, explosives, or the means to carry out the threat can weaken claims that the statement was serious or intended to cause real fear.
Reduction to a Lesser Charge
If the state cannot prove large-scale fear or disruption, your attorney may negotiate to reduce your charges from first to second degree causing a terroristic threat, a Class E felony. In some cases, a lawyer may even be able to get the charge reduced to a misdemeanor, significantly lowering potential penalties.
What to Do if You’re Arrested for Making a First Degree Terroristic Threat in St. Louis
From the moment you’re arrested for making a terroristic threat in the first degree, your immediate words and actions can have a huge impact on the strength of your criminal defense and the result of your case. Combs Waterkotte recommends the following steps for anyone arrested in the St. Louis area on first degree terroristic threat charges.
Exercise Your Right to Remain Silent
If you’re arrested for making a terroristic threat, do not attempt to explain, justify, or clarify your statements. Law enforcement may interpret anything you say as intent to terrorize. Politely invoke your right to remain silent under the Fifth Amendment immediately.
Ask for an Attorney Right Away
Make your request for a lawyer clear and immediate. Terroristic threat charges often involve complex intent and digital evidence, and having an attorney present before any questioning is critical to protecting your rights. Make sure you call (314) 900-HELP as soon as you can.
Do Not Attempt to Walk Back the Statement
Trying to explain that the statement was a joke or taken out of context can backfire. Prosecutors may use your explanation to establish intent or to get it on the record directly from you. Again, invoke your right to remain silent.
Avoid Discussing the Case with Anyone
Do not talk about the alleged terrorist threat with friends, family members, coworkers, or even cellmates. Statements about what you “meant” or “intended” can be used to support the prosecution’s case.
Stay Off Social Media Completely
Do not post, delete, or edit anything on any of your social media accounts. Social media activity is often central in terroristic threat cases, and even deleting content may be viewed as destruction of evidence. Stay off social media entirely.
Do Not Consent to Searches
Police may ask to search your phone, your computer, or your accounts for evidence of threats. Remember that you are protected from unlawful searches and seizures under the Fourth Amendment. Politely refuse consent until police present a valid warrant.
Preserve Potential Evidence
Do not delete texts, posts, or messages. The full context of your communications may be critical to showing lack of intent or that no real threat was made. Preserve any and all evidence that may prove helpful to your criminal defense.
Document Your Version of Events
Memory can fade quickly. As soon as you’re able, write down exactly what was said (or posted), the context, and who may have seen or understood it. These details can be crucial to your defense.
