Is Verbal Abuse a Crime? What You Must Know

Is verbal abuse a crime? Yes, under certain circumstances verbal abuse is a crime. Verbal abuse carries weight and serious consequences. However, the answer is not a simple yes or no, as it depends on many factors.



In Texas for example using threatening language or behavior that causes someone to fear for their safety can be criminal charges such as assault by threat or verbal assault. This post will get into why verbal abuse is a criminal offense, the legal consequences, and what to do if you get charged.

• What is Verbal Abuse?
• Is Verbal Harassment a Crime?
• What to Do If You Get Charged
• Verbal Assault: Elements of Verbal Assault
• Different Classifications and Penalties
• Legal Defense and Strategies
• Conclusion

What is Verbal Abuse?

Verbal abuse is using words to ridicule, dominate, manipulate or degrade someone. While it’s not always illegal it becomes a criminal matter when it threatens bodily harm or causes a reasonable fear of imminent danger. In those cases, verbal abuse can be verbal assault or harassment both of which are recognized under Texas law.

Is Verbal Harassment a Crime?

Yes, verbal harassment can also be a crime. In Texas, verbal harassment can be a crime under certain circumstances. The legal system categorizes different forms of verbal abuse as either “assault by threat” or “verbal assault crime” depending on the circumstances.

According to Texas Penal Code Title 5, Section 22.01 assault occurs when someone “intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse”. This includes verbal threats that cause the victim to fear for their physical safety. For example, if someone says “I’m going to hurt you” and the victim reasonably believes the threat can be carried out this could be a criminal act.

Related: What Does Pressing Charges Mean?

What to Do If You Get Charged

If you get charged with verbal assault or harassment you need to consult with an experienced criminal defense attorney. The Law Office of Rolando Cantu, a McAllen criminal defense lawyer, handles those cases. Rolando Cantu can help you through the legal system, build a strong defense and work towards the best possible outcome for your case.

Verbal Assault: Elements of Verbal Assault

To uphold a verbal assault charge the prosecution must prove beyond a reasonable doubt:

1. Threat of Bodily Injury: The threat must make someone fear imminent bodily harm and the victim must believe the threat is credible.
2. Intent: The accused must have intended to cause fear or apprehension of harm in the victim.
3. Fear of Imminent Harm: The victim must have a reasonable belief the threat can be carried out.
4. Verbal Communication: The threat must be verbal or written.
5. Lack of Consent: The victim did not consent to the threatening behavior.

If these elements are proven the accused could be charged with a Class C misdemeanor to a felony depending on the circumstances of the threat.

Specific Cases: Domestic Violence and Aggravated Assault

In cases involving family or household members, verbal threats can be considered family violence and could be charged more severely. For example, if a verbal threat (which involves using threatening language) is accompanied by physical assault and the display of a deadly weapon it could be aggravated assault a felony. This classification increases the potential penalties including jail time and fines.

Verbal assault charges can also be escalated if the victim belongs to a protected class such as law enforcement officers, public servants, or judges. In these cases, the accused could face harsher penalties including mandatory minimum sentences.

Also read: What To Do If You're Getting Arrested

Different Classifications and Penalties

1. Class C Misdemeanor: Most verbal threats fall into this category. The offense is punishable by a fine up to $500 but no jail time. However a conviction will still show up on your criminal record and could impact your employment and other areas of your life.
2. Class A Misdemeanor: If the verbal abuse is family violence or involves a deadly weapon the charges can be upgraded to a Class A misdemeanor. This more severe classification could be up to 1 year in county jail and a fine up to $4,000.
3. Felony Charges: In extreme cases such as aggravated assault where verbal threats are accompanied by the display of a deadly weapon the charges can be felony. This could be long term imprisonment and large fines.

Legal Defense and Strategies

Verbal abuse and assault charges are serious. Even a misdemeanor conviction will show up on your criminal record and impact your employment, professional licenses and personal life. You need to consult with an experienced criminal defense attorney who can help you navigate your case.

Defense strategies may include:

• Lack of Intent: Showing the accused did not intend to cause fear or harm.
• Self-Defense: Arguing the accused was acting in self-defense or defense of others.
• Lack of Credible Threat: Challenging the credibility and seriousness of the alleged threat.
• False Accusations: Proving the allegations were made for personal gain or revenge.

Conclusion

Verbal abuse can sometimes be criminal depending on the circumstances of the abuse. In Texas, there are laws to protect individuals from verbal threats of imminent harm. If you’re facing verbal assault or harassment charges you need to know the laws and your rights. In that case, get legal help.

If you’re facing verbal assault or harassment charges don’t go it alone. Contact the Law Office of Rolando Cantu today. With years of experience and knowledge, Rolando Cantu will help you protect your rights and get the best possible result.