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  6. Threat Defense

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ThreatDefense

How can I prove I didn't mean the threat?

Your lawyer can use context, witness testimony, and lack of means to carry out the threat to demonstrate lack of intent and reality of the threat.

Does a threat have to be direct to be illegal?

Not necessarily. Indirect or conditional threats can also be prosecuted if the intent to cause fear of death or injury is clear to the victim.

What if the "victim" provoked me?

Provocation can be a mitigating circumstance but does not automatically absolve you of liability. A lawyer can argue this to reduce the sentence.

Can I get a criminal record for a threat?

Yes, a conviction under Article 151 results in a criminal record, which can affect future employment and travel.

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An accusation of threat often represents a serious challenge for the accused, as it concerns personal psychological integrity and the sense of safety. However, in practice, investigations under the threat article are often initiated based on insufficient grounds or misinterpretation. A threat is punishable only if it is real and the victim had a grounded fear of its implementation. Often, words spoken during a heated argument, which contain no real intent, are mistakenly qualified as a criminal offense. Therefore, timely and effective legal defense is crucial to refute baseless accusations and establish the truth.

Specifics of Service: Defense Against Threat Charges

Lawyers on our platform specialize in such cases and offer strategic defense:

  • Deconstruction of the charge: The lawyer studies the grounds of the accusation in detail, analyzes the content and context of the threat to prove that no real danger existed.
  • Developing an alternative version: Often, threat accusations are used as a manipulation tool (for example, during divorce proceedings). The lawyer works to reveal the motive the "victim" might have for giving false or exaggerated testimony.
  • Involving experts: If necessary, conducting psychological and linguistic expertise to confirm that the defendant's words did not constitute a direct and real threat.
  • Identifying procedural violations: Identifying errors made during the investigation (such as illegal search or interrogation) and using them in the client's favor.

Common Scenarios and Practical Examples

Threat charges can be brought against a person in various life situations:

  • Divorce and Custody: One parent accuses the other of threats to gain an advantage in a custody dispute or to prohibit the other parent from contacting the child.
  • Financial Obligations: Sharp words exchanged while demanding debt repayment, which the debtor may interpret as a threat to life in order to involve the police.
  • Youth Conflicts: Verbal confrontations on social networks or in educational settings where slang or figurative phrases are used.
  • Neighbor Disputes: Emotional phrases uttered during a territorial dispute that were not backed by real action but became the basis for launching an investigation.

Georgian Legislation and Threats

Article 151 of the Criminal Code of Georgia establishes liability for threats. However, legislation and court practice require the threat to be "real." This means that words alone are not enough; there must be circumstances confirming that the accused could and intended to carry out the threat. The Civil Code of Georgia is also relevant if the threat forms the basis for a claim for damages in a civil manner. Lawyers also rely on the Criminal Procedure Code of Georgia to ensure the admissibility of evidence and protect the client from illegal prosecution.

How does a lawyer work for you?

The process involves the following stages:

  1. Situation Assessment: The lawyer reviews your case and evidence in detail and offers a realistic prognosis.
  2. Gathering Evidence: Finding facts, documents, and witness testimonies that prove your innocence.
  3. Representation: The lawyer represents your interests before the police, the prosecutor's office, and the court.
  4. Result-Oriented Approach: The goal is to dismiss the case at the investigation stage, obtain an acquittal, or receive a minimum sentence.

Why Legal.ge?

Legal.ge is a trusted partner in resolving your legal problems. Here you will find lawyers who have deep knowledge and experience specifically in threat cases. Our platform makes it easy to find a qualified specialist, which is critically important in criminal cases where time often plays a decisive role. Choose a professional on Legal.ge and protect your future.

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