Defending Against Terroristic Threat Charges in Texas: A Comprehensive Guide

Being charged with making a terroristic threat in Texas is an extremely serious and frightening situation. These allegations, often stemming from misunderstandings, heated arguments, or taken-out-of-context statements, carry severe penalties that can permanently alter your life. At Barton & Associates, we understand that a charge does not equal guilt. Our experienced Texas criminal defense attorneys are dedicated to protecting your rights, your freedom, and your future by meticulously challenging the prosecution’s case and building the strongest possible defense strategy tailored to your unique situation.

What Is a Terroristic Threat Under Texas Law?

Understanding the precise legal definition is the first step in mounting an effective defense. Under Texas Penal Code Sec. 22.07, a terroristic threat is not simply an angry or hyperbolic statement. It is legally defined as a threat to commit any crime of violence against a person or property, made with a specific criminal intent.

Critically, the law focuses on the intent behind the threat and its likely effect, not on your ability to carry it out. The prosecution must prove you made the threat to cause one of the following outcomes:

• To cause a reaction by an emergency response agency (like SWAT or bomb squad).
• To place any person in fear of imminent serious bodily injury.
• To prevent or disrupt the use of a building, public place, vehicle, or place of employment.
• To cause the interruption of public utilities, communications, or other services.
• To place the public or a substantial group in fear of serious bodily injury.
• To influence the conduct or policy of a government entity through intimidation or coercion.

This broad scope means that statements made on social media, during a workplace dispute, or in a private conversation can be misconstrued and lead to severe felony or misdemeanor charges.

The Critical Elements the State Must Prove

You cannot be convicted unless the prosecution proves every element of the crime beyond a reasonable doubt. A skilled defense attorney attacks each element:

1. You Made a “Threat”: Was the statement a true threat, or was it protected speech, a joke, or rhetorical hyperbole? We analyze the context, audience, and your subjective intent.
2. The Threat Was to Commit Violence: The communicated intent must be to commit a violent act against a person or property, not just a generic expression of anger or frustration.
3. You Possessed the Specific Required Intent: This is often the most defensible element. Did you intend to cause panic, evacuate a building, or place someone in fear of imminent harm? Proving what was in your mind at the time is challenging for the state. We demonstrate alternative intentions, such as venting emotion with no expectation of being taken seriously.

The common misconception that “I didn’t mean it” is not a defense is false. In legal terms, your specific intent (mens rea) is the cornerstone of the charge. If we can create reasonable doubt about your intent, the case may be dismissed or result in an acquittal.

Severe Penalties for a Terroristic Threat Conviction

The consequences escalate dramatically based on the nature of the threat and the status of the alleged victim. A conviction is not just a legal penalty; it creates a permanent criminal record that can block employment, professional licensing, housing, and educational opportunities.

Misdemeanor Penalties:

• Class B Misdemeanor: Up to 180 days in county jail and a fine of up to $2,000.
• Class A Misdemeanor: Up to 1 year in jail and a fine of up to $4,000. This applies if the threat was against a public servant or a member of your family or household.

Felony Penalties:

• State Jail Felony: A minimum of 180 days to 2 years in a state jail facility. This applies if the threat was made against a peace officer or judge.
• Third-Degree Felony: 2 to 10 years in state prison and a fine of up to $10,000. This severe penalty applies to threats intended to disrupt public services, place the public in fear, or influence a government entity.

Common Defense Strategies We Employ

At Barton & Associates, we leave no stone unturned in developing your defense. Every case is unique, but common successful strategies include:

• Lack of Criminal Intent: Arguing the statement was sarcasm, a joke, an emotional outburst with no intention of being taken as a real threat, or protected political speech. We gather evidence of your state of mind and the colloquial context.
• First Amendment Protection: Not all alarming speech is a criminal threat. We distinguish between true threats, which are not protected, and speech that is offensive or upsetting but constitutionally protected.
• Misinterpretation or False Allegation: The “threat” was misinterpreted by the listener, or the allegation is being made maliciously—common in contentious divorces, child custody battles, or workplace disputes. We expose ulterior motives.
• Insufficient Evidence: Challenging whether the prosecution can actually prove you made the specific threat alleged, often in “he said, she said” situations with no physical or recorded evidence.
• Violation of Your Rights: Filing motions to suppress evidence obtained through an unlawful stop, arrest, or interrogation that violated your Fourth or Fifth Amendment rights.

Why You Must Act Immediately: The First 72 Hours Are Critical

If you are under investigation or have been charged, the actions you take in the first few days are pivotal.

• DO NOT speak to law enforcement or investigators. Politely invoke your right to remain silent and your right to an attorney. Anything you say in an attempt to “explain” or “clear things up” will be used against you.
• DO NOT discuss the case with anyone except your attorney. This includes friends, family, and especially on social media. Posts and messages can be subpoenaed and misconstrued.
• Preserve all potential evidence. Do not delete text messages, emails, social media posts, or voicemails. Write down a detailed timeline of events while your memory is fresh.
• Contact an experienced criminal defense attorney immediately. Early intervention allows us to guide your conduct, begin our independent investigation, and potentially influence the case before formal charges are filed.

Why Choose Barton & Associates for Your Defense?

Facing a terroristic threat charge requires a law firm with specific experience, resources, and a track record of success in Texas courts.

• Former Prosecutorial Experience: Our attorneys include former prosecutors who know exactly how the state builds these cases, where their weaknesses are, and how to negotiate effectively with district attorneys.
• Aggressive and Strategic Defense: We are trial-tested litigators, not just negotiators. We prepare every case as if it is going to trial, which gives us leverage to seek dismissals or favorable plea agreements. We fight to have charges reduced or dropped entirely.
• Compassionate, Client-Focused Representation: We understand the profound stress and stigma you are facing. You will work directly with your attorney, who will keep you informed, answer your questions, and provide the support you need throughout the process.
• Deep Knowledge of Texas Law and Local Courts: Based in Texas, we have an intimate understanding of the nuances of Penal Code Sec. 22.07 and have defended clients in courtrooms across the state, building relationships and knowledge that benefit your case.

Protect Your Future Today: Contact Us for a Confidential Consultation

A terroristic threat accusation can feel overwhelming, but you do not have to face it alone. The consequences of a conviction—including incarceration, massive fines, and a permanent felony record—are too severe to trust to an inexperienced lawyer or to navigate without counsel.

Contact Barton & Associates today at 210-500-0000 to schedule a completely confidential case evaluation. We will listen to your story, explain the charges against you in clear terms, and outline a proactive defense strategy designed to protect your freedom and your good name. Your future is worth fighting for.

Main Category: Criminal Defense
Practice Area Category: Misdemeanors
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000