You asked me about dismissal. I gave you my answer, and that is not changed by your facts. Factual disputes are litigated at hearings and trial
. If there are enough discrepancies to make a jury have any kind of doubt that you committed the crimes charged, then you would have to be found not guilty.
But none of the facts you mention have to do with what you're charged with, which is the making of a threat. THIS
is what the state has to prove you did, and they have to prove it beyond a reasonable doubt:
N.C. Gen. Stat. § 14-277.1. Communicating threats.
(a) A person is guilty of a Class 1 misdemeanor
if without lawful authority:
(1) He willfully threatens to physically injure the person
or that person's child, sibling, spouse, or dependent or willfully threatens to damage the property of another;
(2) The threat is communicated to the other person
, orally, in writing, or by any other means;
(3) The threat is made in a manner and under circumstances which would cause a reasonable person to believe that the threat is likely to be carried out
(4) The person threatened believes that the threat will be carried out.
(b) A violation of this section is a Class 1 misdemeanor.