What Does the State Need to Prove for a Communicating Threats Charge in North Carolina?

“I Was Just Angry”: When Words Can Lead to a Criminal Record

In the heat of an argument, we all say things we don’t mean. A fight with a spouse, a dispute with a neighbor in your Greensboro neighborhood, a heated text exchange after a bad breakup in Winston-Salem. You say something out of anger, you hang up the phone, and you think it’s over.

Then, hours or days later, a police officer is at your door with a warrant. You’re being charged with “Communicating Threats.”

You’re in shock. You’re confused. You’re probably thinking, “It was just words! I didn’t touch anyone. How can this be a crime?”

If you are in this situation, you are not alone. This is one of the most common and most misunderstood criminal charges in North Carolina. It’s a charge that can turn a simple argument into a permanent criminal record with consequences that can follow you for the rest of your life.

For decades, the team at the Huggins Law Firm has been defending hardworking people across the Piedmont Triad—from Burlington to Asheboro, Graham to Kernersville—who have been charged with this exact crime. We understand how easily a moment of anger can be twisted into a criminal accusation. Our job is to listen to your side of the story and to build a powerful defense. This guide is here to explain the serious charge you are facing and what we can do to fight it.

A Deep Dive into the Law: The 5 Elements of Communicating Threats

This charge is not as simple as “saying something mean.” The law, found in North Carolina General Statute § 14-277.1, is very specific. To convict you of Communicating Threats, the prosecutor must prove all five of these elements beyond a reasonable doubt.

Let’s break them down in plain English.

1. You Willfully Threatened to Physically Injure a Person or Their Family/Property. “Willfully” means you did it on purpose, not by accident. The threat has to be about physical injury. A threat to ruin someone’s reputation, for example, is not a criminal threat under this law.

2. The Threat Was Communicated to the Other Person. The other person has to hear or see the threat. This can be done in person, over the phone, in a text message, in an email, or even through a social media post. How the threat was communicated is a key piece of evidence.

3. The Threat Was Made in a Manner That a “Reasonable Person” Would Believe It. This is a critical element and where many cases are fought. This is an objective standard. The question is not whether you thought it was a joke. The question is whether a normal, reasonable person, hearing the threat in that context, would have believed it was a real threat. A statement made in obvious jest is not a crime. A serious threat made in anger often is.

4. The Victim Believed the Threat Would Be Carried Out. This is a subjective standard. The prosecutor must prove that the specific person who heard the threat actually believed you were going to follow through with it. If they testify that they knew you were just blowing off steam and they were never really scared, the state cannot win its case.

5. You Intended to Threaten. This element was clarified in court cases and is a key point dissected by legal experts at institutions like the UNC School of Government. The state must prove you intended your words to be taken as a true threat, not just that you said them out of frustration.

If the prosecutor fails to prove even one of these five elements, you cannot be convicted.

More Than Just a Misdemeanor: The Serious, Hidden Consequences of a Conviction

Communicating Threats is a Class 1 misdemeanor. Many people make the dangerous mistake of thinking that a misdemeanor isn’t a big deal. They could not be more wrong. A conviction for this crime can have serious and lasting consequences that go far beyond a fine or probation.

• A Permanent Criminal Record: A conviction for Communicating Threats is a “crime of violence” in the eyes of many employers and licensing boards. It is a permanent red flag on your background check that can make it incredibly difficult to get a job, especially in fields like education, healthcare, or childcare.
• Impact on Child Custody: If you are in a child custody dispute, a conviction for Communicating Threats can be devastating. The other party will use it as evidence that you have an “anger problem” or are a danger to the children. It can be the deciding factor that causes a judge to limit your custody or visitation rights.
• Loss of Gun Rights: While the law is complex, if the Communicating Threats conviction is related to a domestic violence situation, you could lose your right to own or possess a firearm under federal law.
• A Gateway to a Restraining Order: A conviction is often used as the primary evidence to get a Domestic Violence Protective Order (DVPO) or a Civil No-Contact Order against you, which can force you out of your home.

This “simple” misdemeanor can have felony-level consequences on your life.

Common Scenarios We See in the Piedmont Triad

These charges can arise from almost any situation where tempers flare.

• Domestic Disputes: This is the most common scenario. A heated argument between a husband and wife or a boyfriend and girlfriend leads to angry words and a 911 call.
• Neighborhood Conflicts: A dispute over a property line, a barking dog, or loud music can escalate into threats.
• Social Media Arguments: In the digital age, this is becoming incredibly common. A fight that starts in the comments section of a Facebook post can lead to criminal charges if the language crosses the legal line.
  • A “Less Talked About” Stat: While the SBI doesn’t track this specific crime, national data shows how big this problem is. A report by the Pew Research Center on online harassment found that a staggering 41% of Americans have personally experienced some form of online harassment, with a significant portion of that involving direct threats of physical harm. This shows how easily a digital argument can become a real-world legal problem.

The Critical Link to Domestic Violence and 50B Orders

It is essential to understand that a Communicating Threats charge is often just the first step in a much larger legal battle, especially in domestic situations. The accuser will often use the criminal charge as the basis to file for a Domestic Violence Protective Order (DVPO or 50B Order) against you in civil court.

• What this means for you: You can be fighting a criminal charge in one courtroom and a civil restraining order in another, all at the same time. The DVPO hearing often happens very quickly, sometimes before your criminal case is resolved.
• The Danger: A DVPO can immediately kick you out of your house and stop you from seeing your children. The evidence from the criminal charge will be used against you in that hearing.

This is why you need a lawyer who understands how these two types of cases are connected. Our firm has deep experience in both Criminal Defense and Family Law, which gives us a unique advantage. We know how to build a comprehensive strategy to protect you on both fronts.

“But I Didn’t Mean It!”: How We Build a Strong Defense

The fact that you didn’t actually intend to harm the other person is the heart of your defense. Our job is to show the judge or the jury that your words do not meet the strict legal definition of a “true threat.”

• It Wasn’t a “True Threat.” Was it a joke? Was it a statement made out of pure frustration, that no reasonable person would have taken seriously? We can argue that your words were just “emotional hyperbole” and not a real threat of violence.
• The Alleged Victim Wasn’t Scared. The state has to prove that the other person actually believed you were going to hurt them. We can cross-examine the accuser to show that their actions after the “threat” were inconsistent with a person who was truly in fear. Did they continue to text you? Did they fail to call the police for hours or even days?
• Self-Defense. Were your words said in response to a threat made against you? You have the right to defend yourself, and that can include verbal warnings.
• False Accusation. Is the accuser making up the story to get revenge or to gain an advantage in a child custody or divorce case? We will conduct a deep investigation to expose the accuser’s true motives.

Why You Need an Experienced North Carolina Criminal Lawyer

When you are facing a Communicating Threats charge, you need a lawyer who understands the nuances of the law and the seriousness of the consequences.

• We Understand the Nuances. This charge is not black and white. It is all about context, intent, and credibility. Our team has decades of experience dissecting these “he said, she said” cases and finding the weaknesses in the state’s argument.
• We Protect Your Record. Our primary goal in these cases is to seek a full dismissal of the charges. For a first-time offender, we can often negotiate for a deferred prosecution that will keep your record clean.
• We Understand the Full Picture. Because we handle both criminal and family law, we know how this charge can impact your custody case or a DVPO hearing. We build a strategy designed to protect you in every arena.

Our deep experience in criminal defense is your greatest asset in this fight.

Key Takeaways for Your North Carolina Communicating Threats Charge

• Words Alone Can Be a Crime: In North Carolina, you can be charged with a Class 1 misdemeanor for making a threat, even if you never touched the other person.
• The State Must Prove 5 Elements: The prosecutor has the high burden of proving all five parts of the statute, including that the victim was actually scared.
• The Consequences are Serious: A conviction is a permanent criminal record that can impact your job, your gun rights, and your child custody case.
• Your Intent is a Key Defense: If you didn’t truly intend for your words to be a threat, or if they were taken out of context, it can be a powerful defense.
• These Charges are Often Linked to Domestic Cases: A Communicating Threats charge is often used as evidence to get a DVPO (restraining order).