In New Jersey, terroristic threats criminal charges are governed by N.J.S. 2C:12-3 which provides in pertinent part:
§ 2C:12-3. Terroristic threats
a. A person is guilty of a crime of the third degree if he threatens to commit any crime of violence with the purpose to terrorize another or to cause evacuation of a building, place of assembly, or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience. A violation of this subsection is a crime of the second degree if it occurs during a declared period of national, State or county emergency. The actor shall be strictly liable upon proof that the crime occurred, in fact, during a declared period of national, State or county emergency. It shall not be a defense that the actor did not know that there was a declared period of emergency at the time the crime occurred.
b. A person is guilty of a crime of the third degree if he threatens to kill another with the purpose to put him in imminent fear of death under circumstances reasonably causing the victim to believe the immediacy of the threat and the likelihood that it will be carried out.
As the above statute details, terroristic threats is typically a third degree crime in New Jersey. Third degree offenses include between three (3) and five (5) years in state prison if convicted. On third degree crimes, a presumption of incarceration does not exist. As a result, if you have no prior criminal record, you may be sentenced to a probationary term rather than imprisonment if convicted of third degree terroristic threats. You may also be eligible for the Pre-Trial Intervention Program in New Jersey. This program allows first time offenders to complete probation and avoid a criminal record if they successfully do so. However, if a terroristic threats offense is graded as a second degree crime in New Jersey, this grading does include a presumption of incarceration and the jail term is between five (5) and ten (10) years.