Berry Law Wins Terroristic Threats Trial
On June 9th, 2015, Berry Law attorney Justin Kalemkiarian secured a not guilty verdict for a client charged with one count of making a terroristic threat. The case stemmed from a situation in which the acquitted defendant was accused of threatening another person with a crime of violence. The crime of making terroristic threats is charged under Nebraska Revised Statute 28-311.01 and is a Class IV felony. A sentence under the terroristic threats statute is punishable by up to five years in prison, a fine of $10,000 or both.
In order to secure a conviction in the case, the State had to prove, beyond a reasonable doubt, that the client made a threat of violence with the intent to terrorize the accuser or in reckless disregard of the risk that his actions may cause such terror. During the two-day trial, Mr. Kalemkiarian argued that his client’s actions were not threatening nor did the client intend for his actions to be a threat. The jury deliberated for less than an hour-and-a-half before unanimously declaring the client not guilty.