Not Guilty: Full Acquittal for Man Accused of Threatening Off Duty Police Officer

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire, recently obtained a full acquittal on charges of terroristic threats and harassment for a client who had been charged with threatening an off-duty police officer. In the case of Commonwealth v. KO, the officer claimed that he was walking his dog in a park in Northeast Philadelphia when KO’s dog ran up to the officer’s dog while not on a leash. KO came over to get his dog, and the officer told him to put the dog on a leash. KO did so, but the officer claimed that KO said he would shoot the officer and his dog because the officer suggested that he might let his dog off the leash to bite KO’s dog.

The officer testified that not only did KO threaten to shoot him and his dog once, but he actually made the comment multiple times and put his hand in his jacket as if he had a gun before putting the dog on a leash and walking off. The officer got KO’s license plate number when KO left the park, and he later reported the incident to a detective. The detectives filed charges of terroristic threats and harassment against KO.

KO retained Attorney Goldstein, and Attorney Goldstein obtained a full acquittal at the subsequent Philadelphia Municipal Court trial. At trial, Attorney Goldstein cross-examined the officer on the fact that he never actually saw a gun and that both men were just yelling at each other during the stressful situation of getting the dog back on the leash. Attorney Goldstein then called character witnesses as well as KO to testify that KO had only said something to the officer because the officer had threatened him first and in fact had a gun, whereas KO did not.

The Municipal Court Judge promptly found KO not guilty of all charges, and the charges can now be expunged. As KO holds a professional license and a job that requires a background check, the ability to obtain a full acquittal and an expungement was critical for him. He was able to do both.

Ultimately, the terroristic threats statute appears to be very broad on its face. It covers far more than terrorism and applies to anything that appears to be a threat. The statute provides:

(a)  Offense defined.--A person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:

(1)  commit any crime of violence with intent to terrorize another;

(2)  cause evacuation of a building, place of assembly or facility of public transportation; or

(3)  otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.

Terroristic threats is a misdemeanor of the first degree which carries up to five years in prison and can result in a permanent disability from possessing a firearm under federal law. At the same time, the statute requires not just a threat but the actual intent to terrorize. In numerous cases, the appellate courts in Pennsylvania have held that threatening words said during a transitory moment of anger as part of an argument do not qualify as a terroristic threat under the law. Accordingly, even if KO had said what the officer alleged, the judge properly applied the law in acquitting KO.

Facing criminal charges? We can help.

Philadelphia Criminal Defense Attorney Zak T. Goldstein, Esquire

If you are facing criminal charges or under investigation by the police, we can help. Our experienced and understanding Philadelphia criminal defense attorneys have successfully defended clients and obtained new trials after conviction in cases involving charges as serious as Aggravated Assault, Rape, Murder, and Fraud. We have also won criminal appeals and post-conviction relief in state and federal court. At the same time, our extensive experience in the Philadelphia criminal justice system and skills in the courtroom often allow us to obtain outcomes like this one even in relatively less serious cases in the Philadelphia Municipal Court. We offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with a defense attorney today.