Threatening involves the menace of killing, damaging health, or destroying property, where the victim has a grounded fear that the threat will be carried out. In Georgia, this act is criminalized under the Criminal Code and carries serious legal consequences. Often, accusations of threatening are based solely on verbal statements or electronic messages, which poses a challenge for the defense, as the line between emotional speech and a real criminal threat can be very thin. The involvement of a qualified lawyer is essential to correctly assess the context, the reality of the threat, and to avoid baseless convictions.
What does defense service for threatening cases cover?
Defending individuals detained or accused of threatening requires a specific approach and deep analysis of evidence. Lawyers presented on our platform offer comprehensive services:
- Assessing the reality of the threat: The lawyer analyzes whether the threat was real and whether the recipient had an objective basis for fear, which is a necessary element of the crime.
- Linguistic and psychological expertise: Analysis of the content of disputed phrases or texts through experts to determine if they contained a genuine danger.
- Examination of electronic evidence: Detailed study of social media, SMS, and phone recordings to establish the context.
- Witness interrogation: Interviewing witnesses of the conflict who can confirm the defendant's emotional state or the non-serious nature of the threat.
- Restraining order issues: Threatening cases are often accompanied by restraining orders. The lawyer will help appeal this order or resolve legal issues related to its conditions.
Typical Situations and Scenarios
Accusations of threatening often arise on domestic grounds where emotions override common sense. Here are some examples:
- Neighbor disputes: During conflicts over boundaries or noise, when one neighbor threatens another with "reckoning" in a moment of anger.
- Road rage incidents: An altercation between drivers during an accident or traffic conflict that escalates into threats of physical destruction.
- Online confrontations: Aggressive texts sent as comments or private messages on social networks, which the recipient perceived as a real danger.
- Business disputes: Phrases spoken during financial disagreements between partners ("You will regret this," "I will take everything from you"), which can be interpreted as threats to life or health.
Legal Regulation in Georgia
The crime of threatening is regulated by Article 151 of the Criminal Code of Georgia. The law distinguishes between simple threats and threats under aggravating circumstances (for example, by a group, repeatedly, or against a family member). It is important to note that criminal liability arises only if the threat concerns killing, damaging health, or destroying property, and the victim had a grounded fear.
During the proceedings, it is important to observe the Criminal Procedure Code of Georgia, especially regarding the collection of evidence. Lawyers also use the principles of freedom of expression guaranteed by the Constitution of Georgia to distinguish criminal threats from emotional but lawful expression. In cases of family conflict, the Law on "Prevention of Violence Against Women and/or Domestic Violence" is also relevant.
Stages of the Defense Process
Protecting your interests begins from the very first communication with a lawyer:
- Analysis and Consultation: The lawyer reviews the indictment and evidence, assessing the risks.
- Investigative Actions: Participation in interrogations, conducting expertise, finding alternative evidence.
- Negotiation with the Prosecution: In many cases, it is possible to end the case with diversion or sign a plea agreement, which allows avoiding imprisonment.
- Court Defense: If the case goes to court, the lawyer actively defends the client, refutes the prosecution's arguments, and requests an acquittal.
Find your lawyer on Legal.ge
An accusation of threatening is not a verdict. Legal.ge allows you to connect with experienced criminal lawyers who have a successful history of working on similar cases. Our platform ensures the verification of specialists' competence so that you receive high-quality legal assistance. Timely response and the right legal strategy are crucial — find a specialist on Legal.ge today.
Updated: ...