Communicating threats
To convict you of communicating threats, the State generally must prove that:
- You willfully threatened to physically injure a person or damage their property
- You communicated the threat to that person, orally, in writing, or by any other means
- You made the threat in a way and under circumstances that would cause a reasonable person to believe it was likely to be carried out
- The person actually believed it would be carried out
Communicating threats is usually a misdemeanor. Some threats are charged as felonies, such as threats of mass violence on school or college property and threats to kill or seriously injure court officers.
Words, context, and the First Amendment
Not every angry statement is a crime. The First Amendment protects a great deal of speech, including speech that is rude, offensive, or exaggerated. Only true threats are outside its protection.
North Carolina’s law requires a willful threat, so what you meant matters, not just how the words sounded to others. Context matters too. Jokes, song lyrics, and statements made in the heat of an argument can be read very differently once the full conversation is seen.
Stalking and cyberstalking
Stalking requires a course of conduct, which means more than one act. It can include following, watching, showing up repeatedly, or contacting someone over and over. The State must show that you knew or should have known the conduct would cause a reasonable person to fear for their safety or the safety of family or close friends, or to suffer substantial emotional distress.
Cyberstalking is a separate offense involving electronic communication. It can include repeated emails, texts, or posts sent to abuse, annoy, threaten, or harass, or sending false statements about someone’s injury or death.
Stalking can be charged as a misdemeanor or, in some situations, as a felony, such as when a court order was already in place or the person has a prior stalking conviction.
Protective orders often come with these charges
Many threats and stalking cases come with a civil protective order. Between family members or partners, that may be a domestic violence protective order. Between others, such as neighbors, coworkers, or former friends, it may be a civil no-contact order. These civil cases run separately from the criminal case.
Follow every order and every release condition exactly. Do not contact the other person in any way, including through friends, family, or social media. Contact can lead to arrest and new charges.
How we defend these cases
We investigate rather than process. We don’t accept the police report as fact. In threats and stalking cases, we look at:
- The full message history. A single message can look very different when you see what came before and after it.
- Who sent what. Accounts can be shared, spoofed, or created by others. We look at whether the State can prove you actually sent the messages.
- The relationship and history. Context matters, and both sides usually have part of the story.
- Whether the elements are met. Was there an actual threat? Was there a course of conduct? Would a reasonable person have reacted the way the State says?
- Constitutional limits. Whether the speech is protected by the First Amendment.
Save everything. Do not delete messages, posts, or accounts, even ones that look bad. Deleting can create new problems. Give copies to your lawyer instead.
Effects of a conviction
A conviction for communicating threats or stalking creates a criminal record that appears on background checks. It can affect school discipline, campus housing, professional licenses, and immigration status. A stalking conviction can also make a later charge more serious. We talk through these effects before any plea is entered.
Next steps
These cases can affect your job, your schooling, your housing, and your right to own a gun if a protective order is entered. We tell clients the hard truth about the evidence and the options, which may include dismissal, a deferral, a plea to a lesser charge, or trial, depending on the facts.
Request a consultation and bring your charging papers, any protective order, and your court date. We explain our fee in writing before you hire us. Hablamos español.
This page is general information about North Carolina law, not legal advice. Every case is different, and no lawyer can promise a result.
Questions people ask us
Is communicating threats a felony in North Carolina?
Usually it is a misdemeanor. Some threats are charged as felonies, such as threats of mass violence on educational property or threats to kill or seriously injure court officers.
Can I be charged for something I said in anger?
You can be charged, but not every angry statement is a crime. The State must prove a true threat that a reasonable person would believe and that the other person believed. What you meant and the full context also matter.
What counts as stalking in NC?
Stalking requires a course of conduct, meaning more than one act, such as following, watching, or repeated contact. The State must show the conduct would cause a reasonable person to fear for safety or suffer substantial emotional distress.
Should I delete the texts or posts?
No. Deleting messages can lead to new problems and can make it look like you are hiding something. Save everything and give copies to your lawyer.