The Brief
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What Is Threatening to Commit a Crime in Massachusetts?
Not every angry statement is a crime. Massachusetts law requires proof that the threat was real and intended.
Threatening to commit a crime is a separate offense in Massachusetts that does not require any physical action. A person can be charged based on words alone if those words express an intent to commit a crime against another person or property.
The Commonwealth must prove that the statement was a true threat and not just a joke, exaggeration, or protected speech. The context of the statement matters. Courts look at how a reasonable person would interpret the words and whether they would cause fear but also whether the defendant was aware or consciously disregarded a substantial risk the statement would be viewed as a threat.
Many cases involve text messages, social media posts, or arguments that escalate. The issue is often whether the statement was serious enough to be considered a real threat. Statements made in anger or frustration do not automatically meet that standard.
Because this charge overlaps with free speech protections and the First Amendment, it is often defensible. Careful analysis of the language used and the surrounding circumstances can make a significant difference in how the case is resolved. I will often file a motion to dismiss on these charges based on the defenses mentioned. Contacting an attorney as soon as possible is key in defending this charge.