The Minnesota Terroristic Threats statute punishes anyone who “threatens, directly or indirectly, to commit any crime of violence with purpose to terrorize another or in reckless disregard of the risk of causing such terror.” The offense is a felony and is punishable by up to five years in prison. In order to convict someone under the Minnesota Terroristic Threats statute, the state must prove that the defendant: Threatened to commit a crime of violence; and Made that threat with either Specific intent to cause extreme fear in another, or Reckless disregard of the risk that it would have that effect. THE MOST COMMONLY SEEN THREAT THAT LEADS TO A CHARGE OF TERRORISTIC THREATS IS A THREAT TO KILL SOMEONE. During an argument – domestic or otherwise – if a person tells someone, “I’m going to kill you,” or “You make me so mad, I could kill you sometimes,” or any type of similar threat to commit a crime of violence, the speaker will almost certainly face a charge of Terroristic Threats under the Minnesota Terroristic Threats statute. Speaker’s Intent and Defense Charges of Terroristic Threats The speakers’ intent and the context in which the threat was made both be a defense to a charge of terroristic threats. As noted above, the state has to prove that the speaker made the threat with either a specific intent to cause extreme fear in another or with reckless disregard of the risk of causing extreme fear in another. The context in which the threat was made is a factor in determining the speaker’s intent. In State v. Balster, the Minnesota Court of Appeals noted that the context in which it is uttered determines whether the speaker intends the literal meaning or a harmless expression of anger, frustration, or annoyance. This is sometimes referred to as “transitory anger.” “TRANSITORY ANGER” IS NOT FOUND IN THE MINNESOTA TERRORISTIC THREATS STATUTE, BUT IT IS A PART OF THE HISTORY OF THE CRIME OF TERRORISTIC THREATS IN MINNESOTA. Prior cases have concluded that the Minnesota Terroristic Threats statute is designed to punish threats that are “more serious than would be covered by petty offenses like disorderly conduct or breach of the peace.” The statute is not intended to apply to “the kind of verbal threat which expresses transitory anger rather than [the] settled purpose to carry out the threat or to terrorize the other person.” Most Terroristic Threats charges will turn on whether the state can prove beyond a reasonable doubt that the defendant made the threat with the required intent to make the subject of the threat extremely fearful. The defendant, through his or her lawyer, would most certainly urge the jury that the speaker’s threat was a harmless expression of anger, frustration, or annoyance. CONTACT US Contact our Minneapolis criminal defense lawyers for a free consultation if you or someone you know if facing a charge under the Minnesota Terroristic Threats statute. We’ve had terroristic threats charges dismissed for clients. We know how to defend against this charge.Read More
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"Best Attorney in MN! Thank you to Mr. John Arechigo and everyone at Arechigo & Stokka, P.A for the exceptional job they did with our case. Because of their professional knowledge, dedicated efforts, hard work, and compassion, we got the outcome that we needed. If you ever need an exceptional attorney for any sort of civil forfeiture, John Arechigo of Arechigo & Stokka, PA is the only law firm I would call. We are grateful and thankful for all they have done to help us get our property back."- Monica K
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From The Blog
Injuries happen in the workplace every day. Some injuries that appear insignificant can leave you with lasting health problems and require extensive rehabilitation. But it might be difficult to determine the extent of your injuries when you file for workers’ comp through your employer. Below are some workers’ compensation tips to help you maximize your workers’ comp settlement and ensure you receive the compensation you deserve. Keep Track of Your Medical Records and Attend All Scheduled Appointments Even if you believe your injuries don’t require medical attention, you still need to visit a doctor after a workplace injury. You should schedule your doctor’s appointment right away. Insurance companies and employers will use delays in medical treatment to lower your workers’ comp claim by questioning the extent and severity of your injuries. Doctor visits provide important paper trails that will help you prove the cost of your medical treatment and rehabilitation. Your doctor will assess the full range of your injuries and help you calculate the full extent of your medical treatment, including any future treatments and ongoing rehabilitation. Your doctor will provide you with a detailed description of your injuries and the recommended treatment. Additionally, make sure you follow all recommended medical treatments. If you fail to follow your doctor’s advice, your employer or the insurance company can use this information against you. Beware of Insurance Companies Insurance companies will try to minimize the amount they pay for any workers’ comp claim. If an insurance adjuster contacts you after your injury, they will likely promise you immediate payment, but the amount will undervalue the cost of your injuries. Do not accept the initial offer. Instead, wait to negotiate until you receive medical treatment and speak with a qualified workers’ comp attorney. You should also wait to meet with the insurance adjuster until you have legal representation. Often, insurance adjusters will record your meeting and use your answers against you. Your attorney can help guide you through this meeting and protect your interests. What Should I Do If I Disagree with My Workers’ Comp Payment Amount? Employers and insurance companies normally want to pay as little as possible for workers’ comp claims. Although the amount they offer may cover up-front medical costs, it might not be enough to cover all future medical treatment and other injury-related expenses. Calculating workers’ comp amounts can be confusing and difficult. An experienced workers’ comp attorney understands these calculations and how to prove the value of your claim. Before agreeing to any workers’ comp payment, you should first consult with an attorney to make sure you get a fair offer. Contact a Qualified Workers’ Comp Attorney Today If you suffered a workplace injury, you deserve fair compensation. The attorneys at Arechigo & Stokka have extensive experience handling our clients’ workers’ comp claims. We believe you should focus on recovering from your injuries, not on fighting to receive fair compensation. We will work diligently and fight for your interests. Our dedicated staff will answer your questions and provide you with support and guidance throughout the claims process. For a free consultation, call our office at 651-505-5943 or fill out an online form today.Read More
Mediation is a form of alternative dispute resolution. It takes place prior to a hearing in court to try to resolve issues and agree on a settlement. Workers’ comp mediation hearings generally take between two and four hours but can be shorter or longer depending on the facts of your case and the attitude of the parties involved. If you’ve suffered a workplace injury and are considering mediation, a workers’ comp lawyer can help you through the mediation process and negotiate for the settlement you deserve. What Happens at a Workers’ Comp Mediation Hearing? A workers’ comp mediation hearing takes place at either the mediator’s office, one of the attorneys’ offices, or a neutral office. Parties who attend workers’ comp mediation hearings include: You, Your attorney, The mediator, The workers’ compensation insurer’s attorney, and The workers’ compensation insurance adjuster. You may also have your spouse, a close family member or friend attend to support you. After arriving for the mediation, both parties are sent to separate conference rooms. The mediator begins by making an opening statement outlining the goals for the mediation and his or her role in the process. You and your attorney will then have a chance to outline the key points of your case. After outlining your arguments, the workers’ compensation insurance company will begin by making an offer and you will have the chance to counteroffer. All offers and counteroffers are made to the mediator, who then relays the information to the other party. This process will repeat throughout the mediation until you either agree on a settlement amount or decide you no longer want to continue the mediation. How Should I Prepare for a Workers’ Comp Mediation Hearing? To prepare for your workers’ comp mediation hearing, you should first meet with your attorney. You should discuss the facts of your case and the medical and legal issues involved. It is also important to discuss the arguments you want your attorney to make during the mediation and the strengths and weaknesses of those arguments. Prior to the mediation, your attorney will submit documents so that the mediator understands the facts of the case, the issues involved, and the amount of compensation you wish to receive. You may need to get your attorney certain records, such as medical or employment records, to support the documents submitted by your attorney. On the day of the mediation, you should make sure you are well-rested, arrive on time, dress professionally, and are polite to all parties involved. Do I Need a Workers’ Comp Lawyer? Because most workers’ compensation claims that go to mediation are complex, you should hire a workers’ comp lawyer. A workers’ comp lawyer will help you provide a detailed analysis of your workers’ compensation claim, calculate a reasonable settlement demand, and negotiate for the best possible settlement during the mediation. Our workers’ comp lawyers at Arechigo & Stokka, P.A., have handled hundreds of Minnesota workers’ comp cases. We will use our experience to negotiate the best possible settlement for you during your workers’ comp mediation.Contact us today with any questions you may have or to schedule your free consultation.Read More