Defenses for Terroristic Threat Family or Household Member

The word 'terrorist' immediately triggers images of bomb threats or large-scale shootings on a national scale. But the crime of terroristic threatening is more common, and anyone can get charged. EricThole, attorney at law, specifies, if you threaten someone with violence and show intend to follow through, it becomes a terroristic threat. When charged with it, immediately speak to an experienced criminal defense lawyer.

Terroristic Threat Family Member Charge

As per Texas law, when a person intentionally or knowingly threatens to commit any offense involving violence to any person or property and shows criminal intent to follow through, it constitutes a terroristic threat charge.

When you give such terroristic threats against a member of a person's family/household or otherwise constitute family violence, it becomes a terroristic threat family member charge. EricThole explains it with a few examples of phases here.



●     I'm going to kill you.

●     If you don't give me XYZ, I'll knock you out.

People commonly speak such statements in a heated argument. But, Eric Thole, attorney at law, specifies if such statements also accompany violence or terrify a family member into believing you may do so, then they can report to the police. Police will arrest you under a terroristic threat family member charge.

Six Specific Types of Intent Constituting Terroristic Threat Charges

  1. Causing a reaction of any sort to the threat by a law enforcement official or any volunteer agency established to deal with emergencies 
  1. Placing any person/family member in fear of impending bodily severe injury 
  1. Restricting, preventing, or interrupting the occupation or use of any publically accessible
    1. building, room, place of assembly
    2. place of employment or occupation
    3. airplane, automobile, or other forms of conveyance
    4. other public places 
  1. Causing impediment or interference of public communications, public transportation, public water, gas, or power supply, or any other public services 
  1. Placing public or a large group of them in fear of serious bodily injury or harm 
  1. Influencing the conduct or activities of a division or an agency of the federal government/ the state or political subdivision of the state

 

Potential Punishment for Terroristic Threat Charge

●     Misdemeanor Charge

Class B Misdemeanor - Mostly a terroristic threat charge is a Class B misdemeanor. The punishment is up to six months in county jail and carries a maximum fine of $2,000. 

Class A Misdemeanor - When you make a terroristic threat against a family member or public servant, the charge escalates to Class A misdemeanor. You get punishment of one year in the county jail and a maximum fine of $4,000.

●     Felony Charge

If a terroristic threat has widespread effects on the public, it becomes a third-degree felony charge. Eric Thole specifies when any terroristic threat with intent to impact the public at large, the court can escalate it to a felony. Your punishment includes a sentence between 180 days and two years in jail plus a maximum fine of $10,000.

Defenses For Terroristic Threat Charge

Eric Thole, attorney at law states, that common defenses like having an alibi, consent, and unlawful seizure of evidence are not enough in such a terroristic threat family member charge. You require two specific defenses -

●     Absence of Threat

Sometimes words get taken out of context in a heated argument, witnesses stretch the truth, and misinterpretations happen. EricThole advises hiring an experienced criminal defense attorney who can show a jury that you never made an actual threat and so you are not guilty of any crime.

●     Absence of Intent

The prosecutor must prove your intent to obtain a conviction in a terroristicthreat family charge. If the state fails to do so, you get a defense against it. But they can still charge you with a separate crime like assault. Again, only an experienced criminal defense attorney like Eric Thole can help you understand the full scope of the potential legal peril you face.

Conclusion

Eric Thole also highlights situations wherein a person arrested with terroristic threat family charge may be significantly more afraid of the alleged victim due to a difference in size or gender. In such instances, hire a board-certified criminal defense lawyer to defend yourself. 

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