Introduction
Verbal arguments happen — at work, at home, or even with strangers. But can saying the wrong thing out loud land you in jail in Minnesota?
The answer is yes, in some situations.
Under Minnesota law, certain verbal threats can lead to arrest and criminal charges, especially if the words incite fear, provoke violence, or disrupt public safety. Whether you’re facing accusations of threatening behavior or just want to understand your rights, it’s important to know where free speech ends and criminal conduct begins.
This guide explains when a verbal threat becomes a crime in Minnesota, what charges you may face, and what to do if you’re arrested.
What Is a Verbal Threat?
A verbal threat is any spoken statement that indicates an intent to harm someone, damage property, or cause fear. It doesn’t need to be carried out — just making the statement can sometimes be enough to trigger legal consequences.
In Minnesota, verbal threats may be prosecuted under several laws depending on the situation, such as:
- Terroristic Threats
- Disorderly Conduct
- Harassment or Stalking
- Domestic Assault (verbal threats to family/partners)
Terroristic Threats: Minnesota Statute § 609.713
The most serious verbal threat-related charge in Minnesota is making a terroristic threat, which is governed by Minnesota Statutes § 609.713.
A person can be charged if they:
- Threaten to commit a crime of violence, with intent to terrorize another
- Communicate a threat in reckless disregard of causing terror
- Threaten to evacuate a building or public place
Examples That Could Lead to Charges:
- Saying “I’m going to shoot up this place” during an argument
- Telling someone “You’ll regret this — I’ll find you and hurt you”
- Calling in a false bomb threat
Penalty: A felony punishable by up to 5 years in prison and a $10,000 fine
This charge does not require that the accused intended to actually carry out the threat — the mere act of saying it, if done to intimidate, may be enough.
Disorderly Conduct: Minnesota Statute § 609.72
If a verbal threat doesn’t rise to the level of a terroristic threat, it may still be considered disorderly conduct, particularly if it occurs in a public place and disturbs others.
According to Minnesota Statute § 609.72, disorderly conduct includes:
- Offensive, obscene, or abusive language
- Fighting words likely to provoke a violent response
- Behavior that disrupts public peace
Penalty: A misdemeanor, punishable by up to 90 days in jail and a $1,000 fine
Verbal Threats in Domestic Situations
Verbal threats made in the context of domestic relationships — such as toward a spouse, partner, or child — may result in domestic assault charges or issuance of a protective order.
You do not have to physically harm someone to be charged with domestic violence. Courts take emotional abuse and verbal intimidation seriously, particularly when there is:
- A pattern of threats
- Witness testimony
- Text messages or voicemails corroborating the threat
A conviction may lead to:
- Jail time
- Protective orders
- Loss of firearm rights
- Impact on custody or parenting time
See our Domestic Violence page for more on your legal options in domestic threat cases.
Can You Be Arrested Without Physical Violence?
Yes. In Minnesota, the intent behind the threat and how it affects the victim are key.
Police may arrest you if:
- The threat was specific and credible
- The victim expresses fear for their safety
- There is evidence like recordings or witnesses
In some cases, especially domestic disputes, officers may arrest you simply to de-escalate the situation — even before charges are filed.
Defending Against Verbal Threat Charges
If you’ve been charged with making a verbal threat, it’s crucial to work with an experienced criminal defense attorney. Potential defenses include:
- Lack of intent: You never meant to actually harm the person
- Free speech: The statement was protected expression, not an actual threat
- False accusations: The person is exaggerating or misrepresenting what you said
- No credible fear: A reasonable person wouldn’t have believed the threat was real
Remember, context matters. Courts examine not just the words spoken, but tone, body language, past behavior, and the relationship between parties.
What to Do If You’re Arrested
If you’re arrested or being investigated for making a verbal threat:
- Do not speak to police without an attorney present. What you say can be used against you.
- Avoid contacting the alleged victim, even to apologize or explain.
- Save evidence of your side of the story, including texts, call logs, or messages.
- Stay off social media — venting online could be misinterpreted.
Then, speak with a criminal defense lawyer at Martine Law who understands the nuances of Minnesota law and can fight for your rights.
Are All Verbal Threats Criminal?
Not necessarily. Under the First Amendment, you have the right to free speech. But that right is not absolute.
Protected speech includes:
- Rants or angry comments that do not incite violence
- Opinions that may offend but are not threats
- General statements that are not directed at a specific person
Unprotected speech includes:
- “True threats” of violence
- Speech that incites imminent unlawful action
- Harassment or targeted verbal abuse
When to Contact a Lawyer
If you’re facing a criminal investigation or charges for something you said, don’t wait. What seems like a misunderstanding can quickly escalate into a serious legal problem.
At Martine Law, we:
- Review all allegations and evidence
- Protect your constitutional rights
- Challenge overbroad or vague accusations
- Work toward dismissal, reduction, or alternative sentencing
Schedule a consultation to discuss your case with our experienced team.
Final Thoughts
Verbal threats can lead to arrest in Minnesota if they cause fear, provoke violence, or threaten public safety. Whether made in anger, frustration, or jest, your words can carry criminal consequences.
Understanding the law and your rights is critical. If you’re accused of threatening someone — or feel threatened by another person’s words — seek legal guidance immediately.
Martine Law is here to help you navigate the complexities of criminal defense and protect your future.