It’s easy to forget that a quick text or heated message can have serious legal consequences. I’ve seen many clients arrested because of something they typed in anger or frustration — a message they never35 thought would be treated as a criminal threat.
In Connecticut, sending a “threatening” text or DM can lead to charges under §53a-62 (Threatening in the Second Degree) or §53a-61aa (Threatening in the First Degree). These laws were written to protect the public, but in practice they’re often used too broadly — especially in domestic disputes, workplace conflicts, or social-media misunderstandings.
What Counts as a “True Threat” (The Modern Standard)
Courts draw a line between protected speech (venting, jokes, hyperbole) and true threats. To convict, the State must show the words were a serious expression of intent to harm — and that the speaker intended, or at least recklessly disregarded, that the words would be taken that way. Recipient fear alone isn’t enough. Context, tone, prior history, and surrounding messages matter.
How Connecticut Charges Threatening from Texts and DMs
§53a-62 – Threatening in the Second Degree (usually a Class A misdemeanor).
This statute typically covers interpersonal threats — for example:
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Using physical threat to intentionally place someone in fear of imminent serious physical injury; or
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Threatening a crime of violence directed at a specific person.
In certain protected locations (schools, day-care facilities, houses of worship, and religiously affiliated community centers), second-degree threatening can be treated as a felony (Class D).
§53a-61aa – Threatening in the First Degree (generally a Class D felony; Class C in some evacuation cases).
First-degree threatening captures higher-risk scenarios, including:
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Threats involving a firearm (using one, brandishing, or representing that you have one);
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Threats involving a hazardous substance;
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Threats intended to cause an evacuation or serious public inconvenience (e.g., schools, workplaces, public events).
Common Real-World Scenarios I See
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A boyfriend texts his ex, “You’ll be sorry for this,” after a breakup — it’s reported as a violent threat.
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A teenager “jokes” about blowing up a test or a school event — a felony investigation follows.
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A frustrated employee texts a supervisor about “getting even” — HR forwards it to police.
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A heated Snapchat/Instagram exchange gets screenshot; only the worst lines get shown.
Example: A 22-year-old college student in Stamford texted “I’ll make you pay” after a messy breakup. Screenshots left out earlier messages showing sarcasm and a mutual argument. We gathered the full thread, established no true threat, and the case was diverted and later erased.
Why Police and Prosecutors Take These Cases So Seriously
After years of school and workplace violence nationwide, Connecticut takes a zero-tolerance approach. Even vague phrases like “you’ll regret this” can be taken out of context. Once police are called, they must investigate, and if the message references harm or looks like a true threat, an arrest often follows. Early on, public-safety concerns come first; intent and context get sorted out in court.
Possible Penalties & Collateral Consequences
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Threatening in the Second Degree (§53a-62):
Class A misdemeanor → up to 1 year in jail, up to $2,000 fine, probation, and possible no-contact conditions.
Location-based felony version → Class D felony (up to 5 years, up to $5,000 fine). -
Threatening in the First Degree (§53a-61aa):
Class D felony → up to 5 years, up to $5,000 fine.
Certain evacuation/public-alarm scenarios → Class C felony (up to 10 years, up to $10,000 fine).
A conviction can also affect employment, professional licenses, immigration status, and firearm rights.
Domestic-Violence Overlay (When the Parties Are Family/Household)
If the alleged victim is a family or household member, your case will be routed through the Family Violence docket. Expect:
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Immediate bond conditions that may include no contact/no return to the residence; and
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A protective order set by the judge at your first court date (Stamford, Norwalk, or Bridgeport).
Courts often consider FVEP (Family Violence Education Program) or local programs like Explore/Evolve. Accelerated Rehabilitation (AR) can be an alternative in appropriate non-DV contexts or where the facts support it.
Program mechanics: Your lawyer applies; the judge decides. In DV cases, the alleged victim is notified and may be heard, but the court makes the final call.
Defending Threatening Text Message Cases (My Approach)
1) Context is everything. I gather the entire conversation, not just the worst screenshot. Sarcasm, venting, or heat-of-the-moment language often looks very different in context.
2) No “true threat.” We show there was no serious expression of intent to harm, and at a minimum, no intent or recklessness that the words would be taken as a true threat.
3) First Amendment protection. Vague, hyperbolic, or political speech is often protected. Words alone aren’t always enough.
4) Digital-evidence integrity. We examine timestamps, metadata, message deletions, edits, and the possibility of manipulation.
5) Early mitigation & programs. For first-time offenders or lower-risk facts, we move quickly toward program placement (FVEP/Explore/Evolve/AR) or negotiated outcomes that protect your record.
6) Practical safeguards. Voluntary counseling, no-contact compliance, and documented steps to avoid future conflict help resolve cases favorably.
What To Do If You’re Under Investigation (or Just Got Arrested)
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Don’t delete anything. It can look like tampering.
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Stop communicating with the other party — especially if there’s a protective order.
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Don’t speak to the police without a lawyer. Even brief statements can backfire.
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Save everything: texts, DMs, screenshots, call logs, and names of witnesses.
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Write down context while it’s fresh: what happened before/after the messages, who else saw them, and your state of mind.
Related Connecticut Charge
- Harassment in the Second Degree – (§53a-183)
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Breach of Peace in the Second Degree (§53a-181)
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Disorderly Conduct (§53a-182)
Call Allan F. Friedman, Criminal Lawyer
If you’ve been accused of sending a threatening text or social-media message in Connecticut, call 203-357-5555 for a free, confidential consultation. I’ve defended communication-based and domestic-related offenses for over 30 years. I’ll protect your rights, present your side of the story, and fight to keep your record clean.
FAQs About Threatening Text Message Charges in Connecticut
1) Can I be charged even if I didn’t “mean it”?
Yes, but the State still has to prove a true threat — that your words were a serious expression of harm and that you intended or recklessly disregarded they’d be taken that way. Context often defeats over-charges.
2) What if I was joking or venting?
Tone, emojis, and the surrounding chat matter. Hyperbole or dark humor — especially among friends — can be misread. Full-conversation context is often the key defense.
3) Will I go to jail for a first offense?
Usually not, especially with no prior record. Many cases can be steered toward diversion programs or reduced charges if handled early and correctly.
4) Can the alleged victim “drop the charges”?
Not directly. After an arrest, prosecutors control the case. Victim input matters, but it’s ultimately the State’s decision.
5) How fast do these cases resolve?
Misdemeanors often take 3–6 months; felony versions can take longer. Early mitigation and a clean plan can speed things up.
6) Is a text about a weapon automatically a felony?
Not automatically — but references to firearms or hazardous substances, or threats that cause evacuations/public alarm, can push the case into first-degree territory.
7) What happens at arraignment in a DV case?
Expect a protective order and possible no-contact/no-return conditions. Violating these can lead to new charges, so follow them strictly.
8) Will this show up on my record if I’m not convicted?
Until the case is dismissed or erased, it appears on the judicial website. One reason we move aggressively toward diversion or dismissal.
9) Can social-media screenshots be challenged?
Yes. We test authenticity, timestamps, and completeness. If the evidence is cherry-picked or altered, that can change everything.
10) How can I avoid this from happening again?
Don’t text in anger. Step away, breathe, and wait. Even private messages can be screenshot, forwarded, and taken out of context.
If you need help right now, call 203-357-5555 or use the Contact page to schedule a consultation. I’m here to protect your future.