According to the Texas Penal Code, a terroristic threat is committed when an individual or group states that they will inflict great bodily harm or death upon another person or group of people. The specific intent that is involved with this type of threat will cause great fear and cause the intended target to feel that the danger is imminent. A threat is considered “terroristic” when it has the intent to:
There are two possible charges that a person may face if convicted of making a terroristic threat. The first is a class B misdemeanor, which can be punished with a maximum of:
The second, and much more serious, charge is a third-degree felony. Being convicted of a third-degree felony can bring with it a sentence of:
The type of charges that a person will receive is dependent upon the circumstances of his or her threat. There are a variety of other effects that can come from being found guilty of making a terroristic threat, including:
One of the most common ways to defend against these charges is to examine the intent of the individual being prosecuted. An alleged victim may have felt threatened even if there was no reason to feel that way. There are cases where a person’s reaction is exaggerated and does not fulfill the requirements to be considered terroristic. The prosecution must show that the defendant wanted to elicit a certain reaction from a person or group.
Brett A. Podolsky has a long history of working to protect the rights of clients. As a former prosecutor for the state of Texas, Mr. Podolsky takes his previous work experience and uses it to give clients the best defense against their charges.
Contact attorney Brett A. Podolsky by calling his office at 713-227-0087.
