Bomb scares defense

Bomb scares charges?  The defense team at Van Severen Law Office have experience defending this charge at trial.

Bomb scares are a crime that isn’t very commonly charged in Wisconsin.  And because the crime is the lowest possible level felony, it’s often reduced to misdemeanor charges during plea negotiations.  But sometimes you’re looking to take a criminal case to jury trial.  A previous member of the firm defended bomb scares at trial.  These criminal cases can be complex, dealing with subpoenas of phone records, defendant statements, and the statements of witnesses.  Our criminal defense attorneys all believe the same thing: the best defense attorney puts you in the best position to win your case.

If charged with bomb scares, hire a seasoned defense attorney.  Certainly give any of our criminal defense attorneys a call at (414) 270-0202.  Regardless of your goals, we successfully defend criminal cases.

What are “bomb scares”?

Bomb scares are prohibited by section 947.015 of the Wisconsin Statutes.  Bomb scares is a Class I felony, carrying with it a maximum sentence of 3 1/2 years prison.

Sectio 947.015 indicates:

Whoever intentionally conveys or causes to be conveyed any threat or false information, knowing such to be false, concerning an attempt or alleged attempt being made or to be made to destroy any property by means of explosives is guilty of a Class I felony.

What are the elements of the offense?

This crime, like all others, has elements that need to be proven beyond a reasonable doubt at trial.  Wisconsin Jury Instruction Criminal 1920 provides the elements:

1. The defendant intentionally conveyed or caused to be conveyed a threat or information concerning an attempt or alleged attempt being made or to be made to destroy any property by means of explosives.
2. The threat or information was false.
3. The defendant knew that the threat or information was false.  This requires only that the defendant believed that the threat or information was false.

“Intentionally” means that the defendant must have had the mental purpose to convey a threat/information concerning an attempt to destroy property by means of explosives.  A “threat” is an expression of intention to do harm and may be communicated orally, in writing, or by conduct.  This element requires that a reasonable person making the threat would foresee that a reasonable person would interpret the threat as a serious expression of intent to do harm.  It is not necessary that the person making the threat have the ability to cary out the threat.

Further clarification of bomb threats law:

In State v. Robert T., 2008 WI App 22, 307 Wis. 2d 488, 746 N.W.2d 564, the court of appeals held that only a false bomb scare that constitutes a “true threat” can result in charges.  The definition of “threat” in the instruction is based on State v. Perkins, 2001 WI 46¶28, 243 Wis.2d 141, 626 N.W.2d 762.  Finally, the term “true threat” is a constitutional term of art.

Perkins held: The common definition of threat is an expression of an intention to inflict injury on another.  The definition of threat for the purposes of this statute is much narrower.  Specifically:

A true threat is a statement that a speaker would reasonably foresee that a listener would reasonably interpret as a serious expression of a purpose to inflict harm, as distinguished from hyperbole, jest, innocuous talk, expressions of political views, or other similarly protected speech.  It is not necessary that the speaker have the ability to carry out the threat.  In determining whether a statement is a true threat, the totality of the circumstances must be considered.

Why hire Van Severen Law Office?

Although this charge is in the news commonly, it’s not one that often proceeds to jury trial.  Indeed, we’ve defended bomb scares at jury trial.  Also, criminal defense attorney Benjamin Van Severen was interviewed by Fox 6 Milwaukee regarding our firm’s ability to defense these charges.  Correspondingly, Fox 6 correctly indicated that Van Severen Law Office defends bomb scare cases.

Certainly if charged with bomb scares, call Van Severen Law Office immediately.  Certainly getting a top criminal defense on your side ASAP is crucial.  Obviously you face a serious prosecution, hire a serious defense attorney.   Finally – give us a call.  Through our constant dedication to criminal defense, we answer calls 24/7 at (414) 270-0202.