Making a terroristic threat is a severe offense that can carry very harsh consequences. Unfortunately, people are often charged with this offense when they have done nothing wrong, or a lesser charge would be more appropriate. If you have been charged with making a terroristic threat, you should contact a criminal defense attorney as soon as possible to protect yourself.

What Exactly Is a Terroristic Threat?

Texas Penal Code Sec. 22.07(a) defines a terroristic threat as a threat to commit a violent offense against any person or property that is intended to cause one or more of the following:

1. A reaction of any type to his threat from an official or volunteer agency organized to deal with emergencies;
2. Putting another person in fear of imminent serious bodily injury;
3. Disruption of the occupation or use of a building, public place, place of employment, aircraft, automobile, or other form of transportation;
4. Interruption or impairment of public communication, utilities, or other public service;
5. Placing the public or a large group of people in fear of severe bodily injury or
6. Influencing the actions or conduct of any state or federal governmental entity or political subdivision of the state.

The Elements of a Terroristic Threat Charge

To prove their case, the prosecution must be able to prove all three of the following elements:

1. You made a threat;
2. To commit a violent offense against a person or property; and
3. With the required intent (items 1-6 in the preceding section).

If the prosecution cannot prove these elements, they cannot convict you. This seems straightforward, but you should not assume that they can or cannot prove their case. Instead, you should ask an experienced criminal defense attorney for guidance—they will be able to identify the strengths and weaknesses of the prosecution’s case.

If you have been charged with making a terroristic threat, it is important to understand that you can be charged even if you couldn’t carry out your threat. The fact that you made the threat is sufficient, but the prosecution must prove you had the required intent.

The Penalties Associated with Terroristic Threats

Terroristic threat is generally a misdemeanor charge but can also be charged as a third-degree felony. The penalties you face will, therefore, vary according to the circumstances of your case. This will depend on the nature of the threat and/or the status of the complainant.

• A class B misdemeanor terroristic threat charge is punishable by jail time of up to 180 days and a fine of up to $2,000.00.
• A class A misdemeanor terroristic threat charge is punishable by jail time of up to one year and a fine of up to $4,000.00 if the person threatened is a public servant or member of the defendant’s family, household, or romantic partner.
• A state jail felony terroristic threat charge is punishable by a minimum of 180 days up to 2 years in state jail if the person threatened is a peace officer or judge.
• A third-degree felony terroristic threat charge is punishable by up to 10 years in prison and a fine of up to $10,000 under items 4, 5, and 6.

Contact Barton & Associates Attorneys At Law, PLLC Today if You Are Facing a Terroristic Threat Charge

Even if it’s a misdemeanor charge, the consequences of a conviction could be very serious. Protect your rights and your freedom by getting an experienced criminal defense attorney on your side. Contact us today by phone or email to schedule a consultation to discuss your case and how we can help.