Is It Illegal To Threaten Someone in Texas?

We understand that words are sometimes exchanged in heated situations. Sometimes the come down from this can be a little jarring — especially if you’re now facing accusations of making threats. We already know it’s not a great look, but is it illegal to threaten someone in Texas? Whether it happened during an argument with a neighbor, through social media, or in a moment of intense emotion, threats can have serious legal consequences in Texas, even if you never intended to follow through.

The short answer? Yes, making threats is illegal in Texas and can result in criminal charges ranging from a Class C misdemeanor to a third-degree felony, depending on the nature of the threat and how it was made. Even what you considered a throwaway comment made in anger could lead to assault by threat charges, which can impact your future for years to come.

Don’t let a momentary lapse in judgment define your future. Mark Thiessen and the Houston assault lawyers at Thiessen Law Firm understand that good people can find themselves in tough situations, and we’re here to protect your rights. If you’re facing charges related to making threats, call us today at (713) 864-9000 or contact us online for a free consultation and let us start building your defense before it’s too late.

Is verbally threatening someone a crime in Texas?

Yes, it can be. Under Texas Penal Code § 22.01, a threat becomes criminal when it causes someone to reasonably fear immediate bodily injury or death. This definition seems straightforward, but in practice, many people are surprised to learn just how broad Texas’s interpretation of criminal threats can be.

Common types of criminal threats in Texas include:

• Assault by threat involves threatening immediate bodily injury to another person.
• Terroristic threatening involves threatening violence to any person or property with intent to cause public fear.
• Family violence threats are made against family members, household members, or dating partners.
• Online threats are criminal threats made through social media, email, or text messages.
• Threatening death occurs when you specifically threaten to kill someone.
• Workplace threats are made in professional environments that create fear of violence

So, can you get in trouble for threatening someone in Texas? Absolutely — and what many people don’t realize is that even if you’re joking, pranking, or venting frustration, the intent behind your threat often doesn’t matter as much as how the alleged victim perceived it. Texas courts take threats seriously, and a conviction could mean jail time, hefty fines, and a criminal record that follows you for years.

What is considered a threat in Texas?

Not every angry word or heated exchange rises to the level of a criminal threat under Texas law. For a threat to be considered illegal, prosecutors must prove several key elements:

1. The threat must be intentional or knowing. Simply blurting something out in a moment of frustration isn’t automatically criminal. The prosecution must prove you made the threat deliberately or knowingly — though they don’t have to prove you actually intended to carry it out.
2. The threat must create reasonable fear. The person being threatened must have a reasonable belief that they’re in danger of imminent harm. This means:
   1. The threat appears capable of being carried out
   2. The threat suggests immediate or near-immediate harm
   3. A reasonable person would feel endangered in the same situation

It’s important to note that context matters significantly in these charges. Factors that can influence whether a statement is considered a criminal threat include:

• The relationship between the parties involved
• Whether the threat was made in person, over the phone, or through social media
• If any weapons were present or mentioned
• The specific words or actions used
• The victim’s reasonable belief that the threat could be carried out
• Any history of violence or threats between the parties

Given these complex factors and severe consequences, if you’re facing charges for assault by threat in Texas you need to have an experienced criminal defense attorney who understands the nuances of Texas threat laws and can build a strong defense strategy for your specific situation.

What is the charge for threatening someone in Texas?

The severity of charges for making threats in Texas varies significantly based on the circumstances, ranging from misdemeanors to felonies. Under verbal threat laws in Texas, even words alone can result in serious criminal charges that could impact your future for years to come.

Here’s a breakdown of potential charges and their penalties:

Charge	Offense	Maximum Fine	Jail Time
Class C misdemeanor	Simple assault	$500	N/A
Class B misdemeanor	Simple assault	$2,000	Up to 180 days
Class A misdemeanor	Simple assault	$4,000	Up to 1 year
Third-degree felony	Assault	$10,000	2 – 10 years in prison
Second-degree felony	Aggravated assault	$10,000	2 – 20 years in prison
First-degree felony	Aggravated assault	$10,000	5 years – life in prison

Remember that prosecutors in Texas take threats seriously, and what might seem like a minor verbal altercation could result in misdemeanor assault Texas charges or worse. While there is a statute of limitations on assault in Texas, you can’t count on waiting it out; having an experienced criminal defense attorney early in your case can make the difference between facing maximum penalties and potentially getting charges reduced or dismissed.

Learn more: How serious are first-time assault and battery charges in Texas?

When does a threat become aggravated assault?

The distinction between assault vs. aggravated assault becomes particularly important when threats are involved. While a simple threat might result in misdemeanor charges, introducing a weapon or threatening serious bodily injury can elevate the offense to aggravated assault, carrying much harsher penalties. For instance:

• Raising your fist and threatening to punch someone is potentially a simple assault charge.
• Holding a knife and making threats is likely an aggravated assault charge.
• Threatening someone’s life while displaying a firearm is a definite aggravated assault charge.

For example, saying “I’m going to beat you up” during a heated argument could result in assault by threat charges, even if you never made physical contact. In cases of assault family violence in Texas, even vague threats like “you’ll regret this” can be considered criminal if they create reasonable fear in a family member or romantic partner.

And if you threaten to commit any act of violence intended to cause public fear — such as threatening violence at a public event — you could face terroristic threat Texas penal code violations, which carry even more serious consequences.

Facing criminal charges for making threats in Texas? Contact Thiessen Law Firm today.

Is it illegal to threaten someone in Texas? Yes, and Texas doesn’t take threats lightly — even a simple threat made in anger can spiral into serious criminal charges that affect your job, your family, and your future.

Mark Thiessen and the team at Thiessen Law Firm have built their reputation on taking complex criminal cases to court and winning them. Our proven track record of helping clients beat assault charges speaks for itself. You don’t have to face these charges alone. From knowing how to beat a simple assault charge in Texas to defending against the most serious felony assault cases, we’ve helped countless clients fight and win in Texas courts.

Call Thiessen Law Firm today at (713) 864-9000 or contact us online for a free consultation. The sooner you reach out, the sooner we can start building your defense.

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