Defense Attorney for Making a Terrorist Threat Charges

Anyone facing Making Terrorist Threat charges or allegations needs a robust, effective, and aggressive defense to avoid a conviction and jail time. Do not take chances with your freedom or future.

Charged with Making a Terrorist Threat in Michigan? Here’s What You Need to Know

If you have making a making terrorist threat charge in Michigan under MCL 750.543m, you are facing a serious felony charge with potentially life-changing consequences. These cases are high-stakes, fact-intensive, and emotionally charged. Prosecutors treat them aggressively. Judges and juries often assume guilt before the facts come out. You need a defense team that knows how to fight back, protect your rights, and give you a real chance at avoiding a conviction and incarceration.

At LEWIS & DICKSTEIN, P.L.L.C., we have a long and successful track record of successfully defending clients charged under Michigan’s anti-terrorism laws. If you are searching for a strong criminal defense attorney for terrorist threat charges in Michigan, we are here to stand between you and the government.

What Does Michigan Law Say?

Under MCL 750.543m, a person is guilty of making a terrorist threat if they (1) threaten to commit an act of terrorism and (2) communicate that threat to someone else. The statute does not require proof that the person actually intended to carry out the threat or had the means to do so.

Making terrorist threat felony charges carries a penalty of up to 20 years in prison, years of probation or parole supervision, and a fine of up to $20,000. If you’ve asked yourself, “Can I go to jail for making a threat in Michigan?” the answer is yes, and the risk is serious.

Important Legal Update: The Recklessness Standard

In 2023, the United States Supreme Court decided Counterman v. Colorado. The Court held that in any case involving a “true threat,” prosecutors must prove that the defendant acted recklessly. That means the defendant must have consciously disregarded a substantial risk that someone would understand or take the statement as a threat of violence.

In 2025, the Michigan Court of Appeals applied that same standard to making terrorist threat charges in People v. Kvasnicka. The court ruled that to secure a conviction under this statute, the prosecutor must prove the defendant acted recklessly. Without that proof, a conviction would violate the First Amendment.

This change adds an essential layer of protection. Prosecutors now have to show more than just the effect of a statement. They must prove the speaker was aware of the risk that someone would perceive the communication as a real threat. If you are looking for a lawyer familiar with the recklessness standard for terrorist threat cases in Michigan, we can help.

What Counts as a “Terrorist Threat”?

To meet the legal definition of a “terrorist threat,” the statement must communicate an intent to commit a specific type of violent felony. The act must be dangerous to human life, and the accused made it with the intent to intimidate or coerce the public or influence government behavior.

Examples of threats that might fall under this law include references to school shootings, bombings, or other acts of mass violence. However, the context always matters. A threat made in a song lyric, a video game, or an angry text can easily be misinterpreted. We often represent clients facing social media terrorist threat charges in Michigan that stem from misunderstood or exaggerated posts.

What the Jury Must Now Hear

Michigan’s jury instruction on making terrorist threat charges, M Crim JI 38.4, was recently challenged for using the wrong legal standard. It focused on how a reasonable person might understand the threat. That is no longer enough. The court in Kvasnicka ruled that the instruction must be updated. Judges must now tell jurors that the defendant must have recklessly made the threat, meaning they consciously disregarded the risk that others would view it as a threat of violence.

The requirement of “recklessness” is a significant shift in how these cases are tried before a judge or jury. Defense attorneys who do not know this area of law may fail to request proper instructions, which can lead to wrongful convictions.

Real-World Examples

Our team has successfully defended clients in situations where:

• Police arrested our teenage client, who made a dumb and impulsive joke on social media.
• A disgruntled employee vented frustrations in a private message, which was later reported out of context.
• Someone with mental health struggles sent a message that school officials misunderstood.

In each case, prosecutors overreacted, assuming guilt before investigating the facts. We were able to step in, challenge the evidence, and present our client’s side of the story.

Why Choosing the Right Lawyer Matters

These cases move quickly. Schools, employers, and police often act first and ask questions later. If your lawyer does not understand the new recklessness requirement or is afraid to take the case to trial, you are at a disadvantage from the start.

We do not back down. We will push for dismissal if the facts do not meet the legal standard. We will prepare to win if a trial is the best option. We will question every assumption, cross-examine every witness, and hold the government to its burden of proof.

If you have asked, “What counts as a terrorist threat under Michigan law?” or “What is a First Amendment defense to criminal threats in Michigan?” we can answer those questions and more.

Frequently Asked Questions

Can I be charged with making a terrorist threat even if I was joking?

Yes. But to convict you, the prosecutor now must prove that you consciously disregarded the risk that someone would take the joke as a real threat.

Does the threat have to be made in person?

No. A threat made online, by text, or through any form of communication can be enough.

What if I never intended to hurt anyone?

Intent to follow through is not required. But the prosecutor must prove that you acted recklessly by making the threat in the first place.

Can I go to prison for making a terrorist threat?

Yes. The maximum penalty is 20 years. That is why early and effective legal representation is essential.

Will this stay on my record?

A conviction under the making a terrorist threat statute is a serious felony. Without the right defense, it can follow you for life.

Your Search for a Defense Team That Knows How to Win Ends Here!

At LEWIS & DICKSTEIN, P.L.L.C., we have defended people against serious felony charges, including making a terrorist threat, in courts throughout Michigan. We understand how to evaluate these cases, negotiate with prosecutors, and take them to trial when necessary. We treat every client with respect, every case with urgency, and every defense with precision. If you face felony terrorist threat charges in Michigan, do not wait. Call us today so we can begin protecting your rights and your future.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.

We will find a way to help you.
We Are Not Afraid to Win!