Legal Question in Criminal Law in Minnesota

Terroristic Threats and False Imprisonment

I was charged with these two things, and do not have any record what so ever besides a couple speeding tickets. Long story short, me and my fiance were fighting about breaking up, she called the police and told them that I was going to hurt myself, and that I would not let her leave the house. These statements were false, but she just wanted me out of the house and she thought this would do that. Which it did. She now feels bad for saying this to the police. Can she go in and have the charges dropped? And will she get in trouble for exagerating statements to the police? If she does nothing, what if any could be my punishment?


Asked on 5/26/09, 5:28 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Terroristic Threats and False Imprisonment

I am afraid it is not quite so simple. The prosecutor can and likely will pursue the case based on the statements made to the police.

The charges are extremely serious. Terroristic threats is likely charged as a felony under Minnesota Statutes 609.713. It provides that "Whoever threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, vehicle or facility of public transportation or otherwise to cause serious public inconvenience, or in a reckless disregard of the risk of causing such terror or inconvenience may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both."

False imprisonment is equally serious as a felony and may carry a length prision sentence and fines as well.

A strong defense is necessary. That would include acquiring statements from probable witnesses including a recantation from the alleged victim. Although that may not result in a dismissal of the case, it certainly erodes the strength of the prosecution's case should the matter proceed to a trial.

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Answered on 5/26/09, 5:37 pm


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