What is the statute of limitation of a threat made via text in Virginia?
I hope this message finds you well. As a general rule in Virginia, misdemeanor crimes (which would include threats made via text) have a one year statute of limitation. If the threat was somehow so severe that it could be considered a felony, like a threat to commit an act of terrorism, then at the most the statute would be five years from the occurrence. A five year statute would be exceedingly rare in the criminal context, however.
If you want to file a civil suit based on the threat, the statute of limitations would be three years in civil court from the time the threat was made.
Thank you Timothy. I sent a text to a man that lives in VA which I think it is having an affair with my wife. We had some excanges before such as stop talking to her...etc but Tuesday I sent him a text with a picture of my gun and the following text: I have this baby for sale. If interested let me know. I will be in DC next month I can deliver it to ur office or home I have the address." I did not intend to threaten him. Am I in any trouble here?
You could be in some trouble. The most likely outcome, however, is that he uses this text and picture as a mechanism to get a restraining order against you. In all due candor though, he could use this as a basis for a criminal charge against you as well. I don't blame you for doing it, but I would suggest that you go ahead and talk with a local criminal defense attorney in the area to get ahead of the situation in case he does indeed file charges against you. If, by some chance, a warrant is issued for your arrest, it is always nice to have a lawyer on stand-by waiting to assist you.
I have three questions in one. Do you think the police is likely to investigate such action given the fact that I am not even in the state and perhaps they will not pay too much attention to 1 text like this? What is the most it can happen to me if they initiate an investigations or charges are file since I don't have any criminal record not even outstanding traffic tickets and I a good citizen, no drugs with a family etc? how would I find out if they are investigating me or taking some sort of action?
Do you think the police is likely to investigate such action given the fact that I am not even in the state and perhaps they will not pay too much attention to 1 text like this?
That is a tough question to answer. If the individual to whom you sent the text is the type to alert the authorities to such an action, then it is likely that the police are conducting an investigation. However, the flip side is that they would necessarily have to contact authorities in your state to make an arrest. Since there is little doubt who sent the text and since you have not been arrested, there is equally as good of a chance that either nothing has happened or will happen regarding the text.
What is the most it can happen to me if they initiate an investigations or charges are file since I don't have any criminal record not even outstanding traffic tickets and I a good citizen, no drugs with a family etc?
The most that can happen is that you get charged with criminal threat of violence or assault. Since a gun is involved, then in theory, could charge you with a felony. This is highly unlikely, however.
It would be almost impossible to find out if you are being investigated. Even if you called the law enforcement agencies that theoretically are investigating you, they do not have to divulge that they are investigating you and likely would not divulge that information.
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