A simple argument, an ill-advised joke, or even a misunderstood statement can lead to serious criminal charges. In Texas, accusations of making a terroristic threat are not always based on clear-cut evidence. A person might face charges because someone misinterpreted their words or took a statement out of context. In some cases, emotions run high, and false accusations arise from personal disputes, workplace conflicts, or family disagreements.
Despite the name, a terroristic threat typically does not involve terrorism or large-scale violence. Many people accused of this offense never intended to cause harm, yet they still find themselves facing criminal prosecution. If you have been charged with making a terroristic threat, it is crucial to understand what the law actually requires – and how you can defend yourself against these allegations.
Contact our experienced attorneys to explain the situation and let us create an effective defense strategy.
Under Texas Penal Code, Section 22.07, a person commits the offense of terroristic threat if they threaten to commit violence against another person or property with a specific intent behind the threat. While the term ‘terroristic’ might bring to mind acts of large-scale violence, in Texas, this charge typically arises from verbal threats made in everyday situations, sometimes even during heated arguments.
The law outlines several scenarios in which a threat can be considered a terroristic threat. This includes making a threat with the intent to:
For example, if someone in an argument yells, ‘I’m going to kill you!’ in a way that makes the other person believe they might actually follow through, that could be considered a terroristic threat under Texas law. Similarly, calling in a false bomb threat to a school or workplace – whether as a prank or out of anger – could lead to charges under this statute.
Terroristic threat charges are typically Class B misdemeanors, though certain factors, such as involving a family member, can lead to more serious consequences.
Terroristic threat charges become more serious when they involve family or household members. If a person threatens a spouse, partner, relative, or someone they live with in a way, the charge may be classified as family violence under Texas law. This can lead to more severe legal consequences.
These charges often stem from heated arguments where emotions run high. For example, if during a dispute, someone says, ‘If you leave, I’ll make sure you regret it!’ in a way that makes the other person feel genuinely afraid, that could be considered a terroristic threat involving family violence. Even if no physical harm occurs, the intent behind the statement is what matters.
Because Texas takes family violence cases seriously, a conviction can lead to lasting consequences, including protective orders and restrictions on gun ownership. If you are facing family violence terroristic threat charges, our experienced domestic violence defense attorneys can protect your rights.
We should also note that terroristic threat and assault are not the same offense, although one element of simple assault is very similar. Specifically, the Texas Penal Code, Section 22.01(2) defines assault as occurring when a person ‘intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.’
The difference is that a terroristic threat focuses on the intent behind the threat, not just the threat itself. A terroristic threat charge can apply even if the victim was not actually afraid, as long as the prosecution can prove the accused intended to cause fear, disrupt public order, or trigger a response from authorities.
Because of these distinctions, terroristic threat charges can sometimes carry harsher penalties than simple assault. Understanding these differences is crucial when building a defense, as a skilled attorney can challenge the prosecution’s ability to prove intent.
The penalties for a terroristic threat conviction in Texas depend on the circumstances of the case and the specific intent behind the threat. While most terroristic threats are charged as misdemeanors, certain factors can elevate the charge to a felony. Terroristic threat in Texas can be classified as a:
However, defenses may be available, depending on the details of the case.
A terroristic threat charge can have serious consequences, but a strong defense may help you avoid conviction or reduce the penalties. At M|C Criminal Law, we understand how these cases are prosecuted and know how to fight back. Depending on the circumstances, possible defenses may include:
Our experienced attorneys will examine the evidence, challenge the prosecution’s case, and protect your rights at every stage. Contact us today to discuss your defense.
