Dallas Assault by Threat Lawyer | Class C Threats [2023]

What is assault by threat in Texas?

Texas law describes assault by threat as when someone “intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.” That means if someone threatens to harm to you – or your spouse – they could be charged with assault by threat.

It’s important to point out that the threat can come in the form of verbal or written communication, including in person, by phone, email, or on social media.

There are different levels of assault by threat in Texas, which we’ll detail later in this post. We’ll also explain the specifics of the crime, the punishment, potential defenses, and why you should fight the offense.

Dallas Assault by Threat Lawyer, Serving Dallas and North Texas

Most of us have been there at least a time or two in our life. You get in an argument with someone when tensions suddenly escalate and something threatening comes out of somebody’s mouth.

Hopefully, cooler heads prevail and nothing comes of it.

However, threatening someone with physical harm is a criminal offense in Texas and a conviction could disrupt your life. If you or a loved one has been accused of assault by threat, it’s important to contact an experienced Dallas assault by threat lawyer. The worst thing you can do is admit guilt to make it quickly go away – as a conviction for assault will appear on your record.

Varghese Summersett has experienced criminal defense attorneys who will work to resolve the case in a manner that will keep your record clean.

What is required to prove assault by threat?

In order to be convicted of assault by contact, prosecutors must prove that the defendant acted “intentionally and knowingly” when they made the threat. Generally, this means the accused knew they were engaged in threatening behavior and knew it would be perceived as a threat to the other person.

Under Texas law, “intentionally” and “knowingly” have specific and distinct definitions. A person acts “intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.”

A person “acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.”

An experienced Dallas assault by contact lawyer will review the facts and circumstances of your case to determine whether the prosecutors will have an uphill battle trying to prove the case against you.

What is the punishment for assault by threat in Dallas?

Assault by threat is generally a Class C misdemeanor, punishable by a maximum $500 fine.

However, if the threat was made against an elderly or disabled person, it would be a Class A misdemeanor punishable by up to a year in jail and a maximum $4,000 fine.

If the threat was made against a person participating in a sports event or in retaliation for the sports participant’s performance or duty, it would be a Class B misdemeanor punishable by up to 180 days in jail and a maximum $2,000 fine.

What are some examples of assault by threat in Dallas?

• Driver A cuts Driver B off on the highway. Driver B is angry and threatens to follow Driver A to their house to fight.
• An employee threatens to punch his boss in the face after being skipped for a promotion.
• An ex-boyfriend lashes out with threatening phone calls, texts, or an email.

What’s the difference between a terroristic threat and assault by threat?

The difference between assault by threat and terroristic threat can be confusing. The main difference is the defendant’s intent. In a terroristic threat charge, prosecutors must prove that the defendant intended to follow through with the violence or intended to terrify someone into believing that they would carry it out. Prosecutors must prove the alleged threat included the intent to cause fear or harm. A terroristic threat charge has stiffer penalties than assault by threat.

For more information about the difference between the two offenses, contact an experienced Dallas assault by threat lawyer.

Similarly, a threat made while holding a deadly weapon becomes an aggravated assault.

What are some defense strategies for Dallas assault by threat charges?

An experienced defense attorney could potentially use multiple lines of defense against an assault by threat charge. Depending on the circumstances of the case, common defense strategies may include:

• The threat was unspecific and not imminent;
• False allegation; a threat was never made;
• The threat or gesture was misinterpreted.

Should you pay the fine for a Dallas assault by threat? No!

A skilled Dallas assault by threat lawyer at Varghese Summersett will review the facts and circumstances in your case and work diligently to get the most favorable outcome in your case. As mentioned, the worst thing you can do is pay the fine and go about your business. This will result in a conviction for assault on your record which could negatively impact you in the future. For a free consultation with a Dallas assault by threat lawyer, call 214-903-4000.