Texas Terroristic Threat Attorney
Terrorism is a word often associated with a lot of different concepts, mostly negative in connotation. Normally, it is associated with violent acts and or attacks on people. Generally speaking, Texas law can be quite broad when it comes to determining what types of threats are considered terroristic. The type of threats will differentiate between how the crime is classified.
Terrorist Threat – Defined in Texas
According to the state law, a person will be charged for Terroristic Threat if he or she has intentionally threatened or involved in violence to any property or person. Terroristic Threat is defined under Article 22.07 of the Texas Penal Code as:
(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2) place any person in fear of imminent serious bodily injury;
(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or another public service;
(5) place the public or a substantial group of the public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
Punishment – Terroristic Threat
The level of punishment if you are convicted of a charge of terroristic threat depends on the specific classification of the crime for which you allegedly committed:
Class B Misdemeanor: if a person is in fear of serious bodily injury, which could have a potential range of punishment of up to 180 days confinement in jail and/or a maximum fine of $2,000
Class A Misdemeanor: if the offense is committed against a member of the person’s family or household or otherwise constitutes family violence; is committed against a public servant, which could have a potential range of punishment of up to one year in jail and/or a maximum fine of $4,000
State Jail Felony: if the offense is committed against a person the actor knows is a peace officer or judge, or the pecuniary loss as defined above is greater than $1,500, which can have a potential range of punishment of up to two years in state jail and a maximum fine of $10,000.
Third-Degree Felony: if the offense causes impairment or interruption of public communications, public transportation, public water, gas, or power supply or another public service, places the public or a substantial group of the public in fear of serious bodily injury, or influences the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state, which can have a range of punishment of a term of confinement not to exceed 10 years in prison and a maximum fine of $10,000
Possible Terroristic Threat Defenses
With the assistance of an experienced and knowledgeable Texas criminal defense attorney, you may have possible defenses to the charge of terroristic threat. Every case is unique and fact specific, but some of the possible defenses include, though they are not limited to:
- First Amendment rights – we certain constitutional rights, specifically according to the 1st amendment and if they were violated, then any evidence flowing from the violation can be dismissed.
- Lack of evidence – if the evidence is not legally sufficient to met every element of the crime, then thus, a crime was not committed.
- Mistaken identity – if your identity was mistaken, then there is no case against you.
- No intention to follow through with a terroristic threat – if you have the requisite mental intent to actually act on the threat, then it’s a not a real threat, and the mens rea for legal culpability does not exist.
- Victim overreaction or exaggerated claims – if the statement was misinterpreted as a threat, when it really wasn’t, possibly by someone from another country or something was lost in translation, it may provide a viable defense
These are the details that specify the type of punishment a person will get for Terroristic Threat. So, if you are involved in such activity, you need the guidance of a professional attorney who can guide you in every possible way. Contact us as we are available for your help
Contact Us Now
No matter what the charge is or what is the circumstance is for your criminal case of a terroristic threat, our office can help you contest your charge. The Law Offices of Carl David Ceder, PLLC, has successfully defended criminal cases all over the State of Texas. Our attorneys, led by Board Certified Attorney Carl David Ceder, have the experience and resources you need to secure the best outcome in your case. Call us today at 214.702.CARL(2275) or at 469.2000.DWI(394) to schedule your free consultation. You can also e-mail Carl directly, at [email protected]; or to the office for general inquiries at [email protected]. Phones should be answered 24 hours a day/7 days a week for immediate and prompt assistance.
