Terroristic Threats: Probably Not What You Think
A Texas man has been charged with a crime for allegedly calling his girlfriend and making threats. The girlfriend alleges that she received several calls in which the man threatened to kill her. If the man did make these phone calls, one would expect him to face some sort of charge, however, making a “terroristic threat” is not the charge that would immediately come to mind. But that is the charge that the man now faces.
Most would conjure an image of an airplane hijacker or suicide bomber upon hearing the charge of making a terroristic threat. The truth is, however, if a person “threatens to commit any offense involving violence to any person or property with intent to … place any person in fear of imminent serious bodily injury” they could face this charge.
There are other actions that could place one under the coverage of this Texas statute, however, those actions or threats need to be against public officials or servants, public utilities, the public at large or places where the public gathers with the intent to “prevent or interrupt” the use of such space.
As the Texas Practice Series highlights, it is important to note that the statute covers the “intent” of the person alleged to have committed the crime. A charge of making a terroristic threat does not have to even place the supposed victim in a state of fear, just that there was the intent to do so. Furthermore, the person alleged to have made the threat doesn’t even need to have the capacity or ability to carry out the alleged threat, again, just the intent to instill fear in the victim.
A person charged with making a terroristic threat against another, similar to the man who threatened to kill his girlfriend, faces a misdemeanor. The common penalty faced is a Class B misdemeanor unless the threat is made against a family member or member of the household, in which case the person would then face a Class A misdemeanor. For a Class B misdemeanor a person faces a penalty of up to 180 days in jail and/or up to a fine of $2,000. For a Class A misdemeanor a person faces a penalty of up to a year in jail and/or a fine of up to $4,000.
If you have been charged with making a terroristic threat, contact an experienced Texas criminal defense attorney as soon as possible. An attorney can defend your rights and help you resolve the matter in the best possible manner based on the circumstances of your case.
