Most people associate assault offenses with physical altercations or harm. However, if someone abuses someone verbally without a physical aspect, is it against the law?

It surprises many people to learn that what they say might result in criminal charges, even if there was no physical contact or injuries. Verbal abuse can lead to criminal charges under certain circumstances, and you should take these charges seriously. 

Always seek immediate help from a criminal defense attorney in the Austin area if you have been arrested and charged with a crime. Even charges that do not allege physical contact or harm can lead to life-changing consequences, and we can help obtain the best possible outcome and preserve your future.

Verbal Assault Charges

In Texas, a verbal assault crime is typically referred to as “assault by threat” or “verbal assault.” While it is a distinct offense from physical assault, it involves using threatening language or engaging in verbal conduct that causes the victim to fear imminent bodily harm or physical contact. Below is an overview of verbal assault as a crime in Texas.

What is Verbal Assault?

Under Texas law, assault is defined as intentionally or knowingly threatening another person with imminent bodily injury. The threat must be made with the intent to cause fear of harm, and the victim must have a reasonable belief that the threat will be carried out.

In Texas, assault by threat is generally classified as a Class C misdemeanor. It is considered the lowest level of criminal offense in the state and is punishable by a fine of up to $500. However, if the offender has prior convictions for the same offense, the penalty may increase.

Family Violence

If the verbal assault occurs within the context of domestic violence or family violence, it may be charged as a Class A misdemeanor. Family violence assault involves threats or acts of violence against a family or household member. A Class A misdemeanor in Texas carries a higher potential penalty, including up to one year in county jail and/or a fine of up to $4,000.

Aggravated Assault

If the verbal threat is coupled with the display of a deadly weapon, such as a firearm or a knife, it may be charged as aggravated assault, which is a much more serious offense. Aggravated assault can result in a felony charge, ranging from a second-degree felony to a first-degree felony, depending on the specific circumstances and the severity of the threat.

Harassment

While not necessarily classified as a verbal assault crime, persistent and unwanted verbal threats or abusive language directed at another person could be considered harassment. Harassment may be charged as a Class B misdemeanor in Texas, punishable by up to 180 days in county jail and/or a fine of up to $2,000.

It’s important to understand that verbal assault or any form of threatening behavior is taken seriously under Texas law, and offenders can face legal consequences. In addition to fines, probation, or even possible time in jail, any type of assault conviction on your criminal record can lead to lasting consequences. 

Some employers will not hire anyone with a criminal record, and assault-related convictions can render you ineligible for caretaking positions. This might include teaching, childcare, nursing, and more. You might lose a professional license you worked hard to obtain because of a criminal conviction. 

The best thing you can do is avoid a conviction on your record whenever possible. If you or someone you know is facing charges related to verbal assault, always seek legal counsel from a qualified criminal defense attorney. An experienced lawyer can help build a strong defense, protect your rights, and guide you through the legal process.

Elements of Assault by Threat Offenses

To secure a conviction for assault by threat in Texas, the prosecutor must prove several elements beyond a reasonable doubt. These elements are crucial to establishing the defendant’s guilt and securing a successful prosecution. If a prosecutor cannot prove every element beyond a reasonable doubt, the charges should be dropped, or the defendant should be acquitted at trial. 

Here’s what a Texas prosecutor must demonstrate for an assault by threat conviction:

• Threat of bodily injury – The prosecutor must prove that the defendant made a threat of imminent bodily injury against the victim. It is not necessary for the defendant to physically carry out the threat; the mere act of making the threat can be sufficient to establish this element.
• Intent – The prosecutor must demonstrate that the defendant intended to cause the victim to fear imminent bodily harm. Proving the defendant’s intent can involve presenting evidence, such as the words used, the context of the statement, and the defendant’s actions leading up to or following the threat.
• Fear of imminent harm – The victim must have reasonably believed that the threat of bodily injury was credible and that the defendant had the ability to carry it out. The prosecutor must show that the victim had a genuine fear for their safety as a result of the threat.
• Verbal communication – Assault by threat is a verbal offense, meaning the threat must have been communicated through spoken or written words. Non-verbal gestures or actions alone would not meet the criteria for this offense.
• No consent – The prosecutor must establish that the victim did not consent to or provoke the threat of bodily injury. If the victim willingly participated in a verbal altercation or encouraged the defendant’s behavior, it could be argued that the victim consented to the threat.
• Identity of the defendant – The prosecutor must prove that the defendant is the individual who made the threat against the victim. This can be established through witness testimony, surveillance footage, or other forms of evidence.

Always remember that every case is unique, and the specific circumstances surrounding the alleged incident can significantly impact the outcome of the criminal case. Our skilled criminal defense attorney can challenge the prosecutor’s evidence, build a strong defense strategy, and advocate for the defendant’s rights throughout the legal process.

Possible Defense Strategies

Facing assault by-threat charges in Texas can be a serious matter, as it involves an alleged act of putting someone in fear of bodily harm. Defending against such charges requires a strategic approach and a thorough understanding of the relevant laws. 

Below are some defense strategies that may be effective in fighting assault-by-threat charges in Texas. All defense strategies should be specifically tailored to your circumstances, as every criminal case is unique. 

Lack of Intent

One of the key elements that the prosecution must prove in an assault-by-threat case is that the defendant intended to cause fear of bodily harm. A strong defense strategy could focus on demonstrating that there was no intention to threaten or intimidate the alleged victim. This could involve presenting evidence that the words or actions in question were misinterpreted or taken out of context.

Self-Defense

If the defendant reasonably believed that they were in danger of imminent bodily harm or harm to someone else, they may have acted in self-defense. Texas law allows individuals to use force, including threats if they have a reasonable belief that it is necessary to protect themselves or others from harm.

Lack of Credible Threat

The prosecution must prove that the threat made was credible and capable of causing fear in a reasonable person. A defense strategy could challenge the credibility of the alleged threat by showing that it was vague, ambiguous, or lacked the capacity to induce genuine fear.

Violations of Your Constitutional Rights

Our defense attorneys may explore the possibility of your constitutional rights being violated during the arrest or investigation process. If there were any violations, it could lead to the exclusion of certain evidence or even dismissal of the charges. For example, if police officers questioned you without first reading your Miranda rights, you might have answered with incriminating information instead of calling for an attorney. We can file a motion to have anything you said during such interrogations thrown out of your case, which can limit the evidence the prosecutor has against you. 

False Accusations

In some cases, individuals may falsely accuse someone of assault by threat for personal reasons or to gain an advantage in another legal matter. Uncovering evidence of a false accusation can be instrumental in building a strong defense.

Lack of Evidence

Challenging the sufficiency of evidence is a common defense strategy. If the prosecution lacks substantial evidence to support the charges, the defense can argue for the case’s dismissal or a reduction in charges.

Witness Credibility

The credibility of witnesses can play a significant role in an assault-by-threat case. Our skilled defense attorney will carefully scrutinize witness statements and testimony to identify inconsistencies or biases that could cast doubt on the accuracy of the allegations.

Plea Bargaining

Depending on the circumstances of the case, it may be possible to negotiate a plea bargain with the prosecution. This could result in reduced charges or penalties, which may be a favorable outcome for you. We can help you decide whether pleading guilty or taking your case to trial is the right choice, given your specific situation. 

Navigating an assault-by-threat charge in Texas can be a complex matter, and the outcome may have lasting consequences. It is essential to consult with an experienced criminal defense attorney who can assess the specific details of the case and develop a tailored defense strategy to protect your rights and interests.

Speak with an Austin Assault Defense Attorney Immediately

Verbal assault, or assault by threat, is a crime in Texas that involves using threatening language to induce fear of imminent bodily harm or physical contact. Depending on the specific circumstances and the relationship between the parties involved, the offense can range from a Class C misdemeanor to a felony. Understanding the legal implications of verbal assault can help promote a safer and more respectful environment, encouraging healthy communication and conflict resolution.

The Law Office of David D. White, PLLC, defends against all types of assault charges, including verbal threats. If you were accused of assault by threat, never wait to contact us and learn how our law firm can help you.