Is Threatening Someone Illegal?: What You Should Know

• What Is Considered a Threat?
• Criminal threat laws in Texas
• Verbal threat
• Physical threat
• Terroristic Threat
• Criminal harassment
• Stalking and threatitle Example
• Cyberstalking and threat
• Penalties for Making Threats in Texas
• Conclusion

A threat is an expression of intent to cause harm or loss. It can be expressed through speech, writing, or conduct. It does not matter if the threat was made as a joke; if the other person feels threatened, it could be considered a criminal offense and result in criminal charges. Generally speaking, it's best to avoid any kind of threatening behavior altogether.

In Texas, there are several laws that apply when it comes to making threats. According to the Texas Penal Code §§ 22.07, a criminal threat occurs when someone threatens another with serious bodily injury or death either directly or indirectly. This offense can be charged as a felony or misdemeanor depending on the severity of the threat and whether any weapons were involved.

Verbal criminal threats can also be considered assault, which is defined as intentionally or knowingly causing physical contact with another person without their consent (Texas Penal Code §§ 22.01). This offense can also be charged as a felony or misdemeanor depending on the circumstances.

Some examples of verbal criminal threats include:

• Making a statement that you are going to hurt or kill someone.
• Saying that you will damage property or cause financial harm.
• Telling someone that you know where they live, which could be interpreted as a threat of violence.
• Using intimidating language such as “I’m going to hurt you” or “you better watch out.”

If the alleged threat does not involve physical contact (just verbally threatening), it can still be considered a crime if it is directed at someone and puts them in fear of physical harm or death. Though you may not have intended to cause actual harm, if the person you threatened takes legal action against you, they can press charges, which means a Class C misdemeanor of assault by threat. It is important to take such accusations seriously as they could severely impact your future.

Physical threats are considered assault and can be charged as either a felony or misdemeanor. Some examples of physical threats include:



• Making physical contact with someone in a threatening manner.
• Brandishing a deadly weapon, even if you do not actually threaten the other person with it.
• Causing bodily harm or property damage.
• Following someone in a menacing manner, even if you never actually touch them.
• Making a gesture that implies you will use physical force or bodily harm someone.

It is also important to note that even if the physical threat does not involve a deadly weapon, the offense can still be considered a felony.

Terroristic threats are a more serious offense than other types of threats. According to the Texas Penal Code § 22.07, a terroristic threat occurs when someone threatens to commit an act of violence with the intent to place any person in fear of imminent serious bodily injury or death (Texas Penal Code ). This is considered an especially heinous crime and carries a much more severe punishment than other types of threats.

Some examples of terroristic threats include:



• Making a statement that you will commit an act of violence against a particular group of people.
• Making terrorist-related comments such as “I’m going to bomb this place.”
• Saying that you have planted a bomb and it is about to go off.
• Saying that you will commit an act of violence against a government building or other public place.

Making a terroristic threat is considered a felony offense in Texas and can result in multiple years of imprisonment, hefty fines, and other penalties. It is important to take such accusations very seriously and contact a criminal defense lawyer if you are facing charges for making a terroristic threat.

Criminal harassment is another type of threat that can be charged in Texas. This offense involves intentionally harassing, annoying, or alarming someone else with the intent to cause them emotional distress or fear of physical harm (Texas Penal Code § 42.07). This offense is considered a Class A misdemeanor and can result in fines and/or jail time if you are convicted.

Some examples of criminal harassment include:

• Sending unwanted or threatening messages through text, email, or social media.
• Continuing to contact someone after they have asked you to stop.
• Making repeated phone calls or visits to someone’s home or workplace.
• Engaging in stalking behavior such as following someone around.
• Making threats of physical or sexual violence.

It is important to remember that even though you may not have intended for your behavior to cause distress or fear, if the other person believes that you are a threat, they can report you and you could be arrested or charged with criminal harassment or even assault charges.

Stalking is a form of criminal threat and can carry serious penalties. Texas Penal Code § 42.072 defines stalking as engaging in conduct that causes the other person to fear for their safety or that of a family member. This includes making threats, following someone around, sending harassing messages or emails, or other forms of communication,intentionally or knowingly threaten with imminent bodily injury, among others.

Stalking is considered a felony offense in Texas and can result in significant jail time and fines if you are convicted.

The penalties for a threat conviction in Texas can vary depending on the type of threat and the circumstances surrounding it. The legal consequences for such an offense can range from a simple fine to years of imprisonment. It is important to be aware of the potential penalties you face and contact criminal defense lawyers if you have been charged with making a threat.

Another form of illegal threatening behavior involves cyberstalking (Texas Penal Code § 33.07). Cyberstalking occurs when someone uses electronic communication (such as email or text messages) to threaten another person without their consent.

Cyberstalking can include threats of physical harm as well as threats of non-physical forms of harm such as releasing private information about another person without their permission. Cyberstalking is considered a Class A misdemeanor and can carry penalties including up to one year in jail and/or up to $4,000 in fines for each incident.

Making criminal threats can carry serious consequences, including jail time and hefty fines. Even if the threat was not intended to be taken seriously, it is still punishable under Texas law. It's important to note that even verbal threats are considered illegal in Texas, so it's best to avoid making any kind of threat at all.

The penalty for making a criminal threat in Texas depends on the severity of the threat, whether it was made verbally, written or with a weapon, and any prior convictions. Generally speaking, those convicted of criminal threats can face anywhere from a Class A misdemeanor to a first-degree felony.

• Penalties for Class A misdemeanors can include up to a year in jail and/or fines of up to $4,000.
• Penalties for first-degree felonies can include 5-99 years in prison and/or fines up to $10,000.

It is important to remember that threats are not taken lightly in Texas and that those found guilty of making a threat can face serious consequences. Also, if something happens as a result of the threat, or the alleged victim suffers physical or emotional harm,you can be considered guilty of aggravated assault and face much more serious penalties.

Threatening someone else is a serious crime and should be avoided at all costs! Making any type of threat—be it verbal, written, or through conduct—can lead to criminal charges with any legal consequences and even a permanent record. This can affect your ability to find employment, housing, and even adversely impact relationships.

If you need any assistance in understanding the laws and potential penalties for making threats in Texas, contact an experienced criminal defense attorney to discuss your case.

At the Law Office of Rolando Cantu, we take a strategic approach to each case, helping clients seek the best outcome possible. Contact our office today for a free consultation and get the legal help you need.