Dallas Terroristic Threat Lawyer
What is a Terroristic Threat in Texas?
Under Texas Penal Code 22.07, a threat of violence to either a person or property can instigate a terroristic threat charge. The threat must include criminal intent to follow through with it or cause the other person to be terrified enough to believe they’re in danger.
Dallas Terroristic Threat Lawyers, Serving Dallas, Fort Worth, Southlake, and Surrounding Cities
When people think of terroristic threats, mass shootings and bombings often come to mind.
There is, however, a range of lower-profile potential offenses covered under terroristic threat laws in Texas. Recently, there has been a rash of such cases in North Texas, including threats of shootings or violence by high school students.
This post will examine what Texas considers a terroristic threat, the definition of intent, and some potential defenses against a terroristic threat charge.
If you’re facing a terroristic threat charge in Dallas, Fort Worth, Southlake, or the surrounding areas, it’s crucial to seek legal counsel as soon as possible. The criminal defense team at Varghese Summesett has decades of combined experience in Dallas and Tarrant counties.
If you’re a parent of a child facing a charge of terroristic threat, you will need a highly skilled juvenile lawyer. Lisa Herrick is Board Certified in Juvenile Law, which means she is considered an expert in cases involving youth under the age of 17.
Six Types of Intent in Texas Terroristic Threat Charges
There are six specific types of intent addressed by Texas law as it pertains to terroristic threat, and the prosecutor only needs to prove one of them for a conviction.
- The intent to cause a reaction of any type to the threat by an official or volunteer agency organized to deal with emergencies
- The intent to place any person in fear of imminent serious bodily injury
- The intent to disrupt the occupation or use of a building, a place of assembly, or a public space. It also includes places of employment or occupation, aircraft, automobiles, or other forms of conveyance, and other public places
- The intent to cause impairment or interruption of public communications, public transportation, public water, gas, power supply, or other public services
- The intent to place the public or a substantial group of the public in fear of serious bodily injury
- The intent to influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
What is the Difference between a Dallas Terroristic Threat and Simple Assault?
A terroristic threat can sometimes involve the same type of threat as an assault by threat case in Texas. The difference in the charge is the intent of the person making the threat. A terroristic threat occurs if there was intent, even if the victim was never in fear of imminent harm.
This distinction is vital because a terroristic threat charge typically carries a stiffer penalty than simple assault. In Texas, you can be convicted of assault for threatening someone with bodily injury if the threat reasonably causes the person to fear imminent harm.
What is Serious Bodily Injury in Texas?
Texas defines serious bodily injury as any “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
What is a Terroristic Threat to a Family or Household Member?
A terroristic threat that is committed against a member of the person’s family or household is generally a Class A misdemeanor offense, punishable by up to a year in county jail and $4,000 in fines
What is the Punishment for a Dallas Terroristic Threat Charge?
Terroristic threats are typically charged as Class B misdemeanors in Texas.
There are, however, certain factors that can increase the charge to a Class A misdemeanor. In the most severe cases that have widespread effects on the public, a terroristic threat can be classified as a third-degree felony. Generally, punishment for a conviction on terroristic threat charges breaks down in this fashion:
Misdemeanor Terroristic Threat Charges
If the threat causes a reaction of any type by an official or volunteer agency that deals with emergencies or places any person in fear of serious bodily injury, it is classified as a Class B misdemeanor and is punishable by up to six months in jail and a $2,000 fine. If the threats were made against a family member or public servant, however, the charge can be elevated to a Class A misdemeanor. That is punishable by up to a year in jail and a $4,000 fine.
State Jail Felony Terroristic Threat Charges
The charge can be elevated to a state jail felony, punishable by 6 months to 2 years in a state jail facility and a maximum $10,000 fine if the threat:
- prevented or interrupted the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place – and caused at least $1500 in pecuniary losses.
- Placed a peace officer or judge in fear of imminent serious bodily injury
Third-Degree Felony Terroristic Threat Charges
If the threat influences a large section of the public, the charge can be elevated to a third-degree felony, punishable by up to 10 years in prison and a maximum $10,000 fine. Examples of this include:
- causing impairment or interruption of public communication, public transportation, public water, gas, or power supply, or other public place.
- placing the public or a substantial group of the public in fear of serious bodily injury.
- influencing the conduct or activities of a branch or agency of the federal government, the state or a political subdivision of the state.
What must be proven in a state jail felony terroristic threat case?
If the threat included the intent to prevent or interrupt the occupation of a building, room, aircraft, or a place of public assembly, the charge could be upgraded to a state jail felony. In these cases, the prosecutor must show the threat led to damages of at least $1,500 for the property owner.
A state jail felony includes a sentence between 180 days and two years in jail and a $10,000 fine.
Terroristic threat cases in North Texas
- In August 2022, a 16-year-old Frisco High School student was detained and faces a terroristic threat charge for their comments directed at the school on social media
- In August 2022, a Plano woman was charged on multiple counts, including a terroristic threat, after making racist, verbal threats to a group of Indian-American women
- In September 2022, two 18-year-old men were charged with a terroristic threat, among other charges, after allegedly showing up to an Eveman football stadium with a gun
- In September 2022, a 17-year-old Colmesneil High School student was charged with a terroristic threat after allegedly threatening to shoot other students.
When Does Cyberbullying Become a Terroristic Threat?
In this extremely important video, Board Certified Juvenile Lawyer, Lisa Herrick, explains the thin line between cyberbullying and terroristic threats and what happens when it is crossed. Gain insights into the legal consequences young individuals might face online and why it’s crucial to be cautious about what you say or post post.
Defending against a Dallas terroristic threat charge
In some terroristic threat cases, multiple charges are made, including assault by threat and a terroristic threat.
Two of the most common ways to defend against a terroristic threat charge include arguing the following:
- No threat occurred: Words can be misunderstood, and context lost between one person and another.
- No intent existed: The state must prove there was intent behind the threat. Even if a threat was made, if no real intent was behind the threat, a defense attorney could argue that there was never any fear of imminent harm for the victim.
Charged with a Dallas terroristic threat? Call us.
The criminal defense team at Varghese Summersett is available to help guide you through the process, build a solid defense strategy, and work tirelessly to win you the best possible outcome in court. Call for a free consultation with a Dallas terroristic threat lawyer at 214-903-4000
