Terroristic Threat Charges? How to Beat Your Case! (2022) 

Terroristic Threat Charges? How to Beat Your Case! (2022)
What Constitutes a Terroristic Threat in Texas?
Under Texas law, any threat of violence to either person or property can be the basis of a terroristic threat charge. However, that threat of violence must be accompanied with criminal intent to either follow through with the threat or terrify another into believing you may do so. There are six specific types of intent covered by Texas law, and the prosecutor only needs to prove you had one of them to obtain a conviction. These include the intent to:
1. cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
2. place any person in fear of imminent serious bodily injury;
Terroristic Threat vs. Simple Assault
The charge of making a terroristic threat is similar to one element of an assault charge under Texas law. You can be convicted of assault in Texas for threatening bodily injury to another person if the threat reasonably makes that person fear imminent harm.
A terroristic threat can involve the exact same threat as an assault case. The difference is the intent of the person making that threat. A terroristic threat has been committed if you had the intent described above, regardless of whether your alleged victim was in any fear of imminent harm. This distinction is important given a terroristic threat charge typically carries a stiffer penalty than simple assault.
Potential Punishment for a Terroristic Threat Charge
Generally, a terroristic threat is charged as Class B misdemeanor in Texas. However, there are certain factors that can increase that charge to a Class A misdemeanor. In the most serious cases that have widespread effects on the public, a terroristic threat can be classified as a third-degree felony.
Misdemeanor Terrorist Threat Charges
By default, a charge for terroristic threats is classified as a Class B misdemeanor. It is punishable for up to six months in county jail and carries a maximum fine of $2,000. However, if those threats were made against a family member or public servant, the charge can be elevated to a Class A misdemeanor. Class A misdemeanors carry up to one year in the county jail and a maximum fine of $4,000.
Felony Terrorist Threat Charges
A terroristic threat charge can be upgraded to a third-degree felony in cases where the threat impacted the public at large. Specifically, a threat will be charged as a third-degree felony if the intent was to:
• cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public services;
• place the public or a substantial group of the public in fear of serious bodily injury; or
• influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
A terroristic threat charge can also be classified as a state jail felony if a threat was coupled with the intent to prevent or interrupt the occupation of a building, room, aircraft, or other places of public assembly. The prosecutor must also show that the threat led to damages of at least $1,500 to the owner of the property the threat was made against. A state jail felony carries a sentence between 180 days and two years in jail along with a maximum fine of $10,000.
Defenses for a Terroristic Threat Charge
There are common defenses for every crime including having an alibi, consent, and unlawful seizure of evidence. However, the two defenses specific to making a terroristic threat are the absence of a threat and the absence of criminal intent.
Absence of Threat
For there to be a terroristic threat, there must be a threat to begin with. Words get taken out of context, witnesses stretch the truth, and misunderstandings happen. If you never made an actual threat to begin with, an experienced criminal defense attorney may be able to show a jury that you aren't guilty of any crime.
Absence of Intent
Ultimately, a prosecutor must prove intent to obtain a conviction of making a terroristic threat. That means even if a threat was made, it may not rise to the level of a terroristic threat if the state can't prove you and the necessary intent to commit the crime. It's worth noting that if a threat is made it could be considered a separate crime like assault even if you are ultimately innocent of making a terroristic threat. It's important to discuss your case with an experienced criminal defense lawyer so that you can understand the full scope of the potential legal jeopardy you face.
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00:00 Terroristic Threats
01:05 What is Terroristic Threat?
01:56 Types of Intent
03:25 Terroristic Threat vs. Assault by Threat
04:51 Terroristic Threat Punishments
07:52 Defenses to Terroristic Threat Case
09:54 We Can Help You!