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legalassistant@wm-attorneys.comCriminal 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.
Under Texas law, assault charges can result from any of the following types of alleged conduct:
Simply threatening someone with imminent injury is enough to result in criminal assault charges in Texas.
Certain aggravating factors can escalate your charges to aggravated assault by threats. One of two factors can result in aggravated assault charges:
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.
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:
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.
The possible defenses you have will depend on the circumstances of your specific case. However, some common defenses might include:
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.
The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
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