Table of Contents
- Terroristic Threats as a Form of Assault in Texas Law
- What Is a Terroristic Threat in Texas?
- How Does a Terroristic Threat Differ from Assault by Threat?
- Common Examples of Terroristic Threat Charges
- Legal Classifications and Penalties
- Class B Misdemeanor
- Class A Misdemeanor
- State Jail Felony
- Third-Degree Felony
- How Harris and Galveston Counties Handle Terroristic Threat Cases
- Consequences of a Terroristic Threat Conviction
- Legal Defenses to Terroristic Threat Charges
- Why You Should Call a Lawyer Near You
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Terroristic Threats as a Form of Assault in Texas Law
In Texas, assault isn’t always physical. In fact, threats alone—when made under the right circumstances—can lead to serious criminal charges. One of the more misunderstood assault-related offenses is the charge of terroristic threat. While the name may sound extreme, this charge often applies to threats made during heated arguments, domestic disputes, or even over text messages.
If you’re facing allegations of making a terroristic threat in Harris County or Galveston County, it’s critical to understand how Texas defines this charge, the levels of punishment involved, and what a lawyer near you can do to protect your rights.
In this post, we’ll break down:
- What constitutes a terroristic threat in Texas
- How it overlaps with assault laws
- Classifications and penalties
- Real-world examples
- How prosecutors in Harris and Galveston Counties pursue these charges
- Legal defenses
- Why immediate legal counsel is essential
What Is a Terroristic Threat in Texas?
Under Texas Penal Code §22.07, a person commits the offense of terroristic threat if they:
Threaten to commit any offense involving violence to any person or property with intent to:
- Cause a reaction by emergency services
- Place any person in fear of imminent serious bodily injury
- Prevent or interrupt the use of a building or public place
- Cause impairment or interruption of public utilities or transportation
- Place the public or a substantial group in fear of serious bodily injury
- Influence government conduct or activities
While the statute lists many forms, the most common charge filed in Texas courts is for causing fear of imminent serious bodily injury—which closely mirrors the definition of assault by threat.
How Does a Terroristic Threat Differ from Assault by Threat?
Assault by Threat (Texas Penal Code §22.01) is usually a Class C misdemeanor and applies when someone threatens bodily harm.
Terroristic Threat, on the other hand:
- Involves a greater level of fear, such as serious bodily injury
- May impact more than just the direct victim (i.e., school, business, government)
- Can be charged as a Class B or A misdemeanor, or even a felony
In short, when your words cause real fear, disrupt services, or involve emergency response, prosecutors are more likely to file a terroristic threat charge instead of a lower-level assault.
Common Examples of Terroristic Threat Charges
Example 1: Domestic Argument You tell your partner during a heated fight, "I’ll kill you.” They call 911, report fear for their life, and police arrest you. Charge: Class A misdemeanor terroristic threat – family/household member
Example 2: Workplace Threat A man tells his boss he’s going to “blow this place up” after being fired. The office evacuates and calls law enforcement. Charge: Felony terroristic threat – causing a reaction from emergency services
Example 3: School or Public Venue A teenager texts a friend that they’re going to “shoot up the school,” even though they had no weapon or plan. The school goes on lockdown. Charge: Felony terroristic threat – disrupting public place and causing public fear
In each case, the threat didn’t need to be carried out. The mere intent and effect of the words were enough to trigger serious charges IF it's possible the threat could have been carried out.
Legal Classifications and Penalties
The level of offense depends on who was threatened and what impact the threat had.
Class B Misdemeanor
- Threat places one person in fear of imminent serious bodily injury
- Penalty: Up to 180 days in jail, and/or $2,000 fine
Class A Misdemeanor
- Threat made to a family or household member
- Penalty: Up to 1 year in jail, and/or $4,000 fine
State Jail Felony
- Threat causes a reaction from emergency personnel (e.g., fire, police, ambulance)
- Penalty: 180 days to 2 years in state jail, and/or $10,000 fine
Third-Degree Felony
- Threat disrupts public utilities, transportation, or services
- Places the public or a large group in fear of serious injury
- Penalty: 2 to 10 years in prison, and/or $10,000 fine
How Harris and Galveston Counties Handle Terroristic Threat Cases
In Harris County:
- Prosecutors commonly file these charges when emergency services are called or a protective order is requested
- Law enforcement takes threats involving domestic violence, schools, or weapons extremely seriously
- First-time misdemeanor offenders may be offered deferred adjudication
In Galveston County:
- Prosecutors are less likely to reduce or dismiss terroristic threat cases involving family violence or school incidents
- Judges may issue immediate protective orders and no-contact conditions
- Bond conditions often include GPS monitoring and restrictions on firearm possession
These cases move quickly—and statements made to police can (and will) be used against you. That’s why calling a lawyer near you right away is crucial.
Consequences of a Terroristic Threat Conviction
Beyond jail and fines, a conviction can result in:
- Permanent criminal record
- Loss of gun rights (especially in family violence cases)
- Employment barriers, especially for jobs involving children, security, or government
- Loss of child custody or visitation
- Immigration issues (for non-citizens, this may be treated as a crime of moral turpitude)
- Ineligibility for expungement or record sealing
Even if the threat was made in the heat of the moment, it can change your life forever.
Legal Defenses to Terroristic Threat Charges
A qualified criminal defense attorney near you may argue:
Lack of Intent
You didn’t intend for your words to be taken seriously. The comment was impulsive or misinterpreted.
No Reasonable Fear
The alleged victim was not actually in fear, or there’s no evidence to support their claim (e.g., they didn’t call 911, continued texting you after the incident).
False Allegations
The report was made out of spite, during a breakup, custody dispute, or employment issue. There is no corroborating evidence.
Free Speech / Protected Expression
Depending on the context, your statement may have been rhetorical or protected by the First Amendment (though this defense has limits).
No Disruption or Emergency Reaction
In felony-level charges, your attorney may challenge whether any emergency personnel actually responded or whether public services were truly impacted.
Why You Should Call a Lawyer Near You
Terroristic threat charges may seem overblown or exaggerated, but Texas courts take them seriously—and so should you. A moment of frustration or poor wording can result in jail time, protective orders, and lifelong consequences.
At the Law Office of JL Carpenter, we’ve helped clients across Harris County and Galveston County fight back against unjust, exaggerated, or misinterpreted accusations. As a former felony prosecutor, JL knows exactly how these cases are built—and how to dismantle them.
We work quickly to:
- Review police reports and audio/video recordings
- Identify inconsistencies or false claims
- Negotiate with prosecutors before charges escalate
- Protect your future from the consequences of one heated moment
Call (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ for a private, judgment-free consultation with a lawyer near you who will fight for your side of the story.
