Is Threatening Someone Illegal?

Criminal laws vary by state, and Texas law makes it illegal to make criminal threats against others. Even if you make a verbal threat as a joke or never intend to act on your words, you can end up facing criminal charges of “assault by threat” in the Lone Star State. 

Assault by threat might not seem like a serious matter, but all degrees of criminal allegations can have costly penalties and result in a criminal record, which can have a huge effect on your future. Anyone facing charges of assault by threat in the Austin area should immediately seek help from a criminal defense attorney. 

Texas Assault Charges

Under Texas law, assault charges can result from any of the following types of alleged conduct:

• Knowingly, intentionally, or recklessly causing injury to another person
• Knowingly or intentionally causing offensive or provocative physical contact with someone else 
• Knowingly or intentionally threatening another person with imminent bodily injury

Simply threatening someone with imminent injury is enough to result in criminal assault charges in Texas. 

Aggravated Assault by Threats

Certain aggravating factors can escalate your charges to aggravated assault by threats. One of two factors can result in aggravated assault charges:

1. Causing serious bodily injury
2. Exhibiting or using a deadly weapon during the offense

The second factor can apply to assault by threats. This means you can face aggravated assault charges due to having a weapon with you when you allegedly threatened someone – even if you did not cause any harm or touch them at all. 

Possible Penalties for Threats in Texas

Under most circumstances, assault by threats is charged as a Class C misdemeanor in Texas. If the assault happens because someone who is not participating in a sport threatens someone who is a sports participant, it can be a Class B misdemeanor. In rare circumstances, when someone threatens a pregnant person to try to force them to have an abortion, the charge can be a Class A misdemeanor. 

The possible penalties for a conviction of any of these charges include:

• Class C misdemeanor = Fines of up to $500 (no jail time possible)
• Class B misdemeanor = Fines of up to $2,000 and up to 180 days in jail
• Class C misdemeanor = Fines of up to $4,000 and up to one year in jail

Many people think that they do not need professional defense help with a Class C misdemeanor charge because they do not face any potential jail time. This is a mistake.

It is still critical to avoid a conviction for assault whenever possible. If you have an assault conviction on your record, it can affect your ability to qualify for certain jobs, including teaching, childcare, healthcare, and other caretaking positions. It can also be a serious problem if you face future charges of assault or related offenses. 

Aggravated assault by threats can become a felony offense – specifically, a second-degree felony charge. A conviction can mean two to 20 years in state prison, fines of up to $10,000, or both. While there is the possibility of community supervision instead of prison time, you need the right defense to achieve this result. 

Defending Against Assault by Threat Charges

The possible defenses you have will depend on the circumstances of your specific case. However, some common defenses might include:

• False allegations – The alleged victim might accuse you of threatening them with imminent harm, but they might be lying due to other motivations against you. This is particularly common in domestic assault situations when one spouse or partner accuses the other of threatening harm during an altercation.

• Self-defense – You can claim self-defense if you feared imminent harm to yourself, which caused you to threaten harm back. For example, if someone confronts you aggressively on your property, you have the right to tell them you will use force if they come any closer. You might even display a weapon to demonstrate your ability to stand your ground if they came any closer. This should not be punished as criminal activity on your part.

Seek Help from an Austin Assault Defense Attorney

There are ways to prevent a prosecutor from proving your assault by threat charges beyond a reasonable doubt. Your first step is to seek help from the Law Office of David D. White, PLLC. Contact us about your criminal charges today.