Skip to content
WHATSAPP (24 HRS)
CRIMINAL DEFENCE · THREATS AND COERCION

Charged with Making Threats or Coercion: What to Do and How to Defend Yourself

A neighbourhood dispute, a workplace conflict, a row with a partner or an argument on social media can all end up as criminal proceedings. We intervene in Buenos Aires City (CABA) and the Province of Buenos Aires in cases involving Threats (Art. 149 bis APC), coercion and digital harassment, to protect your criminal record.

IMMEDIATE ASSISTANCE CONFIDENTIAL ENQUIRY

If there is a detention or an emergency at a police station, go directly to 24-hour Bail & Release.

Is a WhatsApp voice message a criminal offence?

Today, the majority of threats cases are initiated on the basis of WhatsApp audio recordings, screenshots or social media posts. The prosecution typically treats these materials as evidence of the charge and uses them to push the case towards trial.

Not every insult constitutes a criminal threat. For there to be an offence, the expression must be serious and capable of causing genuine fear. If what occurred was an outburst in a moment of anger, we argue the absence of a criminal offence (atypicality) and the lack of intent to threaten, with the aim of securing a discontinuance or dismissal.

We also draw a clear technical distinction between a threat (the announcement of a future harm) and coercion (using that threat to compel someone to do, refrain from doing or tolerate something). That distinction determines the sentencing range and the alternative resolutions available.

We do not improvise — we know how courts decide and what the system's criteria are. To see how similar cases have been resolved, review our Criminal Case Law Library: Threats and Coercion.

Alternative outcomes and strategy

Suspension of Proceedings on Probation

This is a key tool which, if granted and the conditions fulfilled, avoids a conviction and closes the proceedings without a guilty verdict. Community service and, where applicable, a symbolic reparation payment are agreed.

Domestic violence context

If the complaint comes from a former partner or there are restraining orders in place, the prosecution tends to take a harder line and oppose probation. We design a specific strategy for these cases — see our Guide to Gender-Based Criminal Cases.

VIEW GENDER CASE STRATEGY

Guide to preserving digital evidence

If you are being threatened, harassed or subjected to an online shaming campaign, these steps are essential:

  • Do not delete anything: messages, voice recordings and posts are your evidence. Even if the content causes you distress, preserving it is essential.
  • Notary Public: plain screenshots can be challenged. A Notarial Certificate of Verification gives the evidence legal weight.
  • Digital forensic expert: we can extract the evidence while preserving the metadata (hash value) and chain of custody, preventing accusations of editing or tampering.

Frequently Asked Questions

The most important thing is not to make any statement or attempt to “clear things up” without technical legal representation. If you have already received a summons, a lawyer must review the case file before you attend: you need to know whether the complaint refers to voice messages, messages or witnesses, and under which legal classification it has been framed (simple threat, aggravated threat, coercion). With that information, a decision can be made on whether to make a statement or exercise the right to silence, and how to present the complete context of what happened.

Yes, it can. The law does not require the threat to have been premeditated: what matters is whether the recipient had reasonable grounds to feel intimidated. However, the context of the argument, the relationship between the parties and the way the exchange unfolded are all elements the defence can and must put before the court. A message sent during a couple’s row does not carry the same weight as a direct and premeditated threat — but without technical legal representation, those differences never make it into the case file.

A threat is the announcement of a future harm (“I’m going to hurt you”) with an intimidatory purpose. Coercion (Art. 149 bis, 2nd para., APC) is more serious: it uses that threat to compel the victim to do something, refrain from doing something or tolerate something against their will (for example: “sign this or I’ll kill you”). This classification determines the expected sentencing range and the availability of alternative resolutions such as probation.

An aggravated threat (with a weapon) carries a higher sentence and makes alternative resolutions more difficult. If the weapon was not seized or there is no expert examination to support its use, we argue for the charge to be reclassified as a simple threat, which facilitates access to probation and reduces the risk of an immediate custodial sentence.

Pursuing a legitimate debt is not a criminal offence, but the manner in which it is pursued can be. If intimidation is used (“pay me or I’ll destroy everything you own”), it may constitute a threat or even extortion. Our defence aims to demonstrate that the demand was legitimate, proportionate and not accompanied by any genuine intention to cause an unlawful harm.

An online shaming campaign (defamatory posts, exposure of personal data) can be classified as harassment, threats or defamation. The immediate steps are:

  • Document the content with a notary public or digital forensic expert.
  • Request removal of the material from the platform.
  • Assess a criminal complaint and a civil damages claim.
If you were the one who posted the content, you need urgent technical legal representation to minimise the criminal and civil impact.

Have You Received a Summons for Threats or Coercion?

Do not make any statement without legal advice. A single hearing can determine whether the case is discontinued or proceeds to trial. You have the right to remain silent until you instruct a lawyer of your choice.

CONTACT A LAWYER VIEW SUMMONS GUIDE
Personalised Assistance
Hello! If you have been charged with threats or coercion, we can review your case and define a strategy before your first appearance.
Lawyer
REQUEST A REVIEW