Legal Question in Criminal Law in Massachusetts

verbal threat

My 17 year old son made a verbal threat to stab another student during an arguement at school.

The police have filed a case with the court magistrate to see if there is enough evidence to charge him with a murder threat.

Should we hire an attorney at this point? Could he really be charged with attempted murder, even though he did not lay a hand on the other student or say the word murder?


Asked on 10/07/06, 12:36 pm

3 Answers from Attorneys

George Davis Law Office of T. George Davis, Jr.

Re: verbal threat

From what you've written, it appears that the police are seeking to have your son charged with threatening to commit a crime. Although, to answer your question, the police are not seeking charges of attempted murder (because, in fact, there was no attempted murder), you should be aware that threatening to commit a crime is itself a crime. The standard the court will use to evaluate the allegations against your son will be whether (1) your son expressed an intent to inflict a crime on another, and (2) whether your son had an ability to do so in circumstances that would justify apprehension on the part of the recipient of the threat. If those 2 criteria are met, then your son could be facing criminal charges. From what you've written, I cannot tell exactly what happened during the altercation between your son and the other boy. Nonetheless, given the fact that the police are pursuing charges, and given the potential exposure your son faces, I think you absolutely should seek the services of an attorney to assist him.

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Answered on 10/08/06, 12:07 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: verbal threat

Yes.

The police can charge you son with a number of possible causes. I suugest retaining an attorney. A clerk's hearing is where matters are resolved, or a source for possible discovery of information. If the clerk will decide if a complaint should issue or not. It is a critical step!

If you have more specific questions, or need further assistance, please contact me.

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Answered on 10/07/06, 1:07 pm
Martha Kovner Law Offices of Martha J. Kovner

Re: verbal threat

You should definitely hire an attorney who can help you through the process and get you the best possible result at the magistrate's hearing (which would be not having a complaint issue). Please feel free to contact me if you would like to discuss your case further. Martha Kovner

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Answered on 10/07/06, 7:52 pm


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