Denton County Assault by Threat Defense Lawyer | Free Consult

If you’ve been charged with assault by threat in Denton County, you’re facing criminal consequences that could appear on your record and affect your job, housing, and reputation. While this charge might seem minor compared to assault with physical injury, Texas law treats threats seriously when they cause fear of imminent harm. The good news is that with the right defense strategy, many of these charges can be dismissed, reduced, or resolved without a conviction.

At Varghese Summersett, we defend people charged with assault by threat throughout Denton County. We know how prosecutors build these cases and where they often fall short. Our team has secured dismissals and favorable outcomes in hundreds of assault cases, and we’re ready to do the same for you. In this article, our experienced Denton County assault by threat lawyers explain the law, the punishment, and possible defenses.

What Is Assault by Threat Under Texas Law?

Under Texas Penal Code § 22.01(a)(2), assault by threat occurs when someone intentionally or knowingly threatens another person with imminent bodily injury. The threat must cause the other person to reasonably fear that harm is about to happen.

This doesn’t require any physical contact. It doesn’t even require the ability to actually carry out the threat. What matters is whether a reasonable person in the alleged victim’s position would have felt afraid of immediate harm.

Common scenarios that lead to assault by threat charges in Denton County include heated arguments that escalate, disputes between neighbors or family members, bar confrontations, and road rage incidents. Often, these charges arise from situations where emotions ran high and words were exchanged that someone interpreted as threatening.

The Key Legal Elements

Prosecutors must prove three things beyond a reasonable doubt to convict you of assault by threat. First, you made a threat of bodily injury to another person. Second, the threat was of imminent harm, meaning the person believed it would happen right then, not at some point in the future. Third, the person reasonably feared the harm you threatened.

If any of these elements is missing or weak, your case could be dismissed or result in an acquittal at trial.

What Are the Penalties for Assault by Threat in Texas?

In most cases, assault by threat is a Class C misdemeanor, the lowest level of criminal offense in Texas. If convicted, you face a fine of up to $500. There is no jail time for a standard Class C misdemeanor.

However, the charge can be enhanced under certain circumstances. If the alleged victim is a family member, household member, or someone you’re dating, the charge becomes a Class A misdemeanor under Texas family violence laws. This carries up to a year in county jail and a fine of up to $4,000.

The charge can also be elevated if you’ve been convicted of assault in the past, if the alleged victim is a public servant, or if the offense occurred while you were violating a protective order.

Collateral Consequences Beyond the Courtroom

Even a Class C misdemeanor assault by threat conviction can create problems that extend far beyond the courtroom. A conviction appears on background checks, which means employers, landlords, and professional licensing boards will see it. Many people don’t realize that a conviction for assault by threat, especially when it involves family violence, can affect your ability to possess firearms under federal law.

If the charge is family violence related, you could face additional consequences including mandatory completion of a batterer’s intervention program and difficulty obtaining child custody or visitation rights in family court proceedings.

What to Expect When Setting Bond for Assault by Threat

After an arrest for assault by threat in Denton County, you’ll be taken before a magistrate who will set your bond. While we don’t have comprehensive bond data specific to Denton County at this time, analysis of similar cases in nearby Tarrant County provides useful context for what you might expect.

In Tarrant County, bonds for simple assault charges typically range from $500 to $1,500. For charges involving threats specifically categorized as terroristic threat (which shares similar elements with assault by threat), the most common bond set was $1,500, with an average bond of $3,238.

Several factors affect the bond amount the magistrate sets. Your criminal history plays a significant role. If you have no prior arrests, the bond will likely be lower. The specific facts of your case matter as well. If weapons were mentioned in the alleged threat or if the incident involved family violence, expect a higher bond. The relationship between you and the alleged victim is also considered, especially in cases involving current or former romantic partners.

If the initial bond seems too high, your attorney can file a motion for bond reduction. This is particularly effective if you have strong ties to the community, a clean record, or if there are mitigating circumstances surrounding the alleged offense.

Common Defenses to Assault by Threat Charges

Many assault by threat cases can be successfully defended. The prosecution has the burden of proving every element of the offense beyond a reasonable doubt, and there are several weak points where these cases often fail.

No Threat Was Made

One of the most common defenses is that no actual threat occurred. Sometimes words are taken out of context, misheard, or misinterpreted. What one person perceives as a threat might have been a figure of speech, a warning, or simply an expression of anger without any intent to threaten harm. If there’s no evidence that you actually threatened anyone, the charge cannot stand.

The Threat Was Not Imminent

Remember, the law requires the threat to be of imminent bodily injury. This means the alleged victim must have reasonably believed harm would occur immediately, not at some future time. If your words referenced something that might happen later, days from now, or under certain conditions, that doesn’t meet the legal definition of assault by threat.

For example, saying “I’m going to find you and hurt you someday” is different from saying “I’m going to hurt you right now.” The first statement, while unpleasant, doesn’t constitute assault by threat because it refers to a future possibility rather than an immediate threat.

No Reasonable Fear

The alleged victim’s fear must be reasonable under the circumstances. This is judged objectively. What would a reasonable person in that situation have felt? If the person claiming to be the victim has a history of exaggerating, making false reports, or if the circumstances show their fear wasn’t justified, this defense can be very effective.

Context matters enormously here. If the alleged threat occurred during a phone call when you were miles away, or if it was made in a joking tone in front of others who didn’t perceive it as serious, a reasonable person might not have felt afraid.

Self-Defense or Defense of Others

Texas law allows you to defend yourself or others from harm. If you made threatening statements in response to someone else’s aggression or threats against you, your words may have been justified under Texas self-defense laws. This is particularly relevant in mutual combat situations or when someone else initiated the confrontation.

False Accusations

Unfortunately, assault by threat charges are sometimes used as weapons in custody disputes, divorce proceedings, or personal conflicts. We’ve seen cases where the alleged victim fabricated or exaggerated the threat to gain advantage in a civil matter or to retaliate against someone.

If there’s evidence of motive to lie, inconsistencies in the alleged victim’s story, or a lack of corroborating witnesses, we can build a strong defense showing the accusations are false.

Schedule a Free Consultation to discuss your case and learn how we can fight for you. Call (817) 203-2220 today.

The Criminal Court Process for Assault by Threat Cases

Understanding what happens after an arrest helps reduce anxiety and allows you to make informed decisions about your defense.

Arrest and Initial Appearance

After your arrest, you’ll be taken to jail for booking. Within 24 to 48 hours, you’ll appear before a magistrate for your initial appearance, where you’ll be informed of the charges and have bond set. Once bond is posted, you’ll be released with instructions to appear in court on a specific date.

It’s crucial to contact an experienced Denton County assault by threat lawyer as soon as possible after arrest. Early intervention can make a significant difference in the outcome of your case.

Arraignment

At your arraignment, you’ll enter a plea of guilty or not guilty. Your attorney will almost always advise you to plead not guilty at this stage, regardless of the facts, because this preserves all of your options and rights moving forward. Pleading guilty at arraignment closes the door on any possibility of getting the charges dismissed or reduced.

Pre-Trial Negotiations

This is where most criminal cases are won or lost. Your attorney will review the evidence, identify weaknesses in the prosecution’s case, and negotiate with the prosecutor. In many assault by threat cases, we’re able to secure dismissals during this phase, especially when the evidence is weak or when mitigating circumstances exist.

Other favorable outcomes at this stage include reduction of charges, deferred adjudication (which keeps the conviction off your record if you complete probation successfully), or diversion programs that result in dismissal upon completion.

Trial

If no acceptable plea agreement can be reached, your case will go to trial. You have the right to a jury trial or a bench trial (where the judge decides). At trial, the prosecution must prove every element of the offense beyond a reasonable doubt. Your attorney will challenge the evidence, cross-examine witnesses, and present your defense.

Many assault by threat cases have significant weaknesses that become apparent at trial, which is why prosecutors often offer better deals as the trial date approaches.

Real Results: How We’ve Helped Clients Facing Assault Charges

In a recent case from 2025, our attorneys represented a client charged with both assault by contact and assault by threat, both involving family violence allegations. The client was facing two separate Class A misdemeanor charges that could have resulted in jail time and a permanent criminal record.

Through negotiation with the prosecutor, we secured a favorable outcome. The client received 90 days of deferred adjudication on the assault by threat charge, meaning if they successfully completed probation, the charge would be dismissed and wouldn’t result in a conviction. The assault by contact charge was resolved through a negotiated plea bargain with a fine of $581. Both outcomes allowed our client to avoid jail time and minimize the long-term impact on their record.

This case demonstrates what’s possible even when facing multiple assault charges. With the right defense strategy and thorough negotiation, we can often secure outcomes that protect your freedom and your future. Past results do not guarantee future outcomes, but they show what we’ve accomplished for clients in similar situations.

Why the Details of Your Case Matter

No two assault by threat cases are identical. The specific words allegedly spoken, the circumstances surrounding the incident, the relationship between the parties, the presence or absence of witnesses, and your prior criminal history all play crucial roles in how your case should be defended.

Was the alleged threat made in person, over the phone, or via text message? Were there witnesses? Is there audio or video evidence? Did the alleged victim contact police immediately or wait hours or days? Are there prior incidents between you and the alleged victim? All of these details affect the strength of the prosecution’s case and the defense strategies available to you.

This is why it’s essential to discuss your case with an experienced assault by threat lawyer who will take the time to understand every detail and develop a defense strategy tailored to your specific situation.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend you against assault by threat charges in Denton County, you’re getting more than just legal representation. You’re getting a team of experienced criminal defense lawyers who have handled hundreds of assault cases and know how to win.

Immediate Action

We start working on your case immediately. This includes reviewing the police reports and evidence, identifying weaknesses in the prosecution’s case, and beginning negotiations with the prosecutor. In many cases, early intervention can lead to charges being reduced or dismissed before you even go to court.

Thorough Investigation

We conduct our own investigation into the allegations. This includes interviewing witnesses, obtaining surveillance footage or other evidence, and consulting with experts when necessary. We don’t rely solely on what the police report says. We dig deeper to find the truth.

Aggressive Defense

We challenge the evidence at every turn. If witness statements are inconsistent, we point it out. If the alleged victim’s story doesn’t make sense, we expose the problems. If your constitutional rights were violated during the investigation or arrest, we file motions to suppress evidence.

Clear Communication

You’ll always know where your case stands. We return calls promptly, explain the legal process in plain language, and keep you informed of all developments. You’ll never wonder what’s happening with your case or feel like you’re in the dark.

Experience in Denton County Courts

Our attorneys regularly appear in Denton County courts. We know the judges, the prosecutors, and the local procedures. This familiarity with the Denton County criminal justice system gives us an advantage in negotiating favorable outcomes for our clients.

Don’t Wait to Protect Your Rights and Your Record. The sooner you have an attorney working on your case, the better your chances of a favorable outcome. Call (817) 203-2220 for a free consultation.

Frequently Asked Questions About Assault by Threat in Denton County

Can assault by threat charges be dropped?

Yes. Assault by threat charges can be dismissed for several reasons. If the evidence is weak, if the alleged victim recants or refuses to cooperate, if there are problems with how the case was investigated, or if your attorney successfully argues that the elements of the offense weren’t met, the prosecutor may agree to dismiss the charges. Even in cases with stronger evidence, charges are sometimes dismissed as part of a pretrial diversion program or deferred prosecution agreement.

What if the alleged victim doesn’t want to press charges?

In Texas, the decision to prosecute criminal charges belongs to the state, not the alleged victim. However, a victim’s unwillingness to cooperate makes the prosecution’s case much more difficult. Without the victim’s testimony, prosecutors often have insufficient evidence to proceed, which can lead to dismissal. Your attorney can work with the prosecutor to show that proceeding with the case is not in the interest of justice when the alleged victim doesn’t support prosecution.

Will I go to jail for assault by threat?

For a Class C misdemeanor assault by threat charge, there is no jail time even if convicted. You would only face a fine of up to $500. However, if the charge has been enhanced to a Class A misdemeanor (such as when it involves family violence), you could face up to one year in county jail if convicted. Most people charged with assault by threat, especially first-time offenders, do not serve jail time. With proper legal representation, many cases result in dismissal, deferred adjudication, or probation without jail time.

How long will an assault by threat charge stay on my record?

If you’re convicted, the charge will remain on your criminal record permanently unless you take steps to have it sealed or expunged. Class C misdemeanors can sometimes be sealed or expunged after a waiting period, depending on the circumstances. If you receive deferred adjudication and successfully complete probation, you may be eligible to have the record sealed. This is one of the main reasons to fight the charge rather than simply pleading guilty—keeping your record clean protects your future employment, housing, and educational opportunities.

Should I talk to the police after being arrested for assault by threat?

No. You have the right to remain silent, and you should exercise that right. Anything you say to the police can and will be used against you. People often think they can talk their way out of the situation or explain what really happened, but these conversations almost always make things worse. Police are trained in interrogation techniques designed to get you to provide incriminating statements. Instead of talking to police, politely tell them you want to speak with an attorney and then remain silent. Let your lawyer do the talking.

Take the First Step to Protect Your Future

Being charged with assault by threat is stressful and frightening, but you don’t have to face it alone. With over 70 team members across four Texas offices and a track record of more than 1,600 dismissals and 800 charge reductions, Varghese Summersett has the experience and resources to defend you effectively.

Our attorneys include board-certified specialists and lawyers with decades of trial experience. We’ve successfully defended clients against assault charges throughout Denton County, and we know how to build winning defense strategies.

The steps you take right now will affect the rest of your life. Don’t leave your future to chance. Call Varghese Summersett at (817) 203-2220 for a free, confidential consultation. We’ll review your case, explain your options, and start building your defense immediately.