On June 9th, 2015, Berry Law Firm attorney
Justin Kalemkiarian secured a not guilty verdict for a client charged with one count of making
a terroristic threat. The case stemmed from a situation in which the acquitted
defendant was accused of threatening another person with a crime of violence.
The crime of making terroristic threats is charged under Nebraska Revised
Statute 28-311.01 and is a Class IV felony. A sentence under the terroristic
threats statute is punishable by up to five years in prison, a fine of
$10,000 or both.
In order to secure a conviction in the case, the State had to prove, beyond
a reasonable doubt, that the client made a threat of violence with the
intent to terrorize the accuser or in reckless disregard of the risk that
his actions may cause such terror. During the two-day trial, Mr. Kalemkiarian
argued that his client’s actions were not threatening nor did the
client intend for his actions to be a threat. The jury deliberated for
less than an hour-and-a-half before unanimously declaring the client not guilty.