When Does a Verbal Argument Become a Criminal Threat?

So how do courts in Pennsylvania decide when a verbal exchange becomes a criminal threat? And what can you do if you’ve been charged?

What Is a Criminal Threat in Pennsylvania?

Under 18 Pa. C.S. § 2706, Pennsylvania law defines “terroristic threats” as when someone communicates—either directly or indirectly—a threat to:

• Commit a crime of violence

• Cause evacuation of a building, public transport, or facility

• Otherwise cause serious public inconvenience

The law doesn’t require the threat to be carried out. Even if no one was hurt and the person didn’t truly intend to act, making a credible threat of violence can lead to arrest and prosecution.

Common Examples of Threat Charges

• Saying “I’m going to kill you” during an argument

• Texting or messaging someone about hurting them or their family

• Calling in a bomb threat (even if it’s a joke)

• Yelling threats in a school, workplace, or public building

• Threatening a spouse or partner during a domestic dispute

In many cases, these threats are made in the heat of the moment—but law enforcement and prosecutors take them seriously.

Can You Be Charged for a Joke or Empty Statement?

Yes—if the person receiving the threat felt fear and reasonably believed you could carry it out, that may be enough to trigger a criminal charge. The courts focus on:

✅ The context of the statement
✅ The tone and delivery
✅ Whether the recipient took it seriously
✅ Any prior relationship or history of violence
✅ Supporting actions (e.g., following, stalking, gestures)

That said, if your words were clearly sarcastic, non-violent, or protected by free speech, your attorney can build a strong defense.

Other Charges Related to Verbal Threats

Depending on the situation, prosecutors may also charge:

• Harassment (18 Pa. C.S. § 2709) – if the threats are repeated or unwanted

• Stalking – if there’s a pattern of threatening or monitoring behavior

• Disorderly Conduct – if the threats cause alarm in public spaces

• Intimidation of a witness – if threats are made during or after a legal matter

Even if a threat is never carried out, these charges can carry fines, probation, or jail time—especially if it’s a repeat offense or involves domestic violence.

What Defenses Are Available?

An experienced criminal defense lawyer can help you fight back with defenses like:

✅ Lack of intent – You didn’t actually mean to cause fear or act on the words
✅ Ambiguity – The statement was vague, unclear, or could be interpreted differently
✅ Free speech – The statement was protected under the First Amendment
✅ False accusation – The other party exaggerated or misrepresented what happened
✅ No credible threat – No reasonable person would have taken it seriously

In many cases, especially during domestic disputes or workplace arguments, the context can be misinterpreted by police responding to a tense situation.

Should You Talk to Police About the Argument?

No. If police want to ask about something you said—don’t answer without an attorney present. Even casually saying, “I was just blowing off steam,” can be used to build a case against you.

Instead, remain calm, assert your right to remain silent, and call a defense attorney immediately.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with making a criminal threat or terroristic threat in Pennsylvania, you need experienced legal representation. With over 30 years of defending clients in Philadelphia and across the state, Mark D. Hauser understands how to challenge the prosecution’s case, protect your rights, and fight for the best possible outcome.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.