Terroristic Threat Criminal Defense Lawyers in Frisco, Texas

Terroristic Threat Defense Lawyers in Collin, Denton & Surrounding Counties

The felony known as Terroristic Threat in the state of Texas allows the police the authority to place you under arrest if they have reasonable grounds to think that you have threatened to conduct a violent act with the intent of causing a disturbance or causing injury. Read on below for further information and specifics on the Terroristic Threat offense.  Because it is difficult to restrict speech without violating individuals’ constitutionally protected rights to free expression, the crime known as Terroristic Threat is classified as a particular purpose kind of crime. This is the primary reason for this classification.

Have you been accused of issuing a Terroristic Threat against another party? Contact the Collin | Denton County criminal defense attorneys at Ridgely Davis Law in Frisco, Texas to talk about your legal representation options.

What is the Definition of the Terroristic Threat?

Sec. 22.07. TERRORISTIC THREAT. (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 other 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.

Penalties for a Terroristic Threat

(b) An offense under Subsection (a)(1) is a Class B misdemeanor.

(c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:

(1) is committed against a member of the person’s family or household or otherwise constitutes family violence; or

(2) is committed against a public servant.

(c-1) Notwithstanding Subsection (c)(2), an offense under Subsection (a)(2) is a state jail felony if the offense is committed against a person the actor knows is a peace officer or judge.

(d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.

(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.

More than Simple Threats

It is essential to differentiate between regular threats and terroristic ones. In spite of the fact that the above description of terroristic threats is somewhat general, there are in fact two significant goals associated with terroristic threats that are not associated with simple threats: (1) the intention to produce widespread fear or disturbance; or (2) the intention to cause a particular individual to dread significant bodily damage or death. Both of these intentions are considered to be acts of terror.

The problem often centers around what was a real threat versus a joke or just someone talking in an extreme fashion with no intent to carry out such an act.  Unfortunately, these off the cuff statements are often misconstrued but still taken seriously. This is how individuals can unwittingly wind up with a very serious charge against them.

HOW DO PROSECUTORS IN THE STATE OF TEXAS PROSECUTION THREATS OF TERRORISM?

In order for the prosecution to successfully prosecute and convict a defendant of this accusation, they will need to establish certain parts of the offense.

• The accused perpetrator must have made the threat knowingly and willfully;
• The accused perpetrator of the crime must have issued the threat with the deliberate intention of creating disturbance or inciting fear of serious damage (without actually causing that serious injury).

There are many different sorts of evidence that may be presented in order to show someone’s purpose. The following are some examples of such evidence:

• Transcripts,
• recordings,
• Text Messages
• Posts on social media that show wrath or other distressing sentiments toward an individual, the government, or some other organization
• Video or photos
• Witnesses.

The suspected perpetrator has a good chance of being found guilty and will be subject to a severe punishment if the presented evidence and arguments are accepted by the jury. You can, however, fight the accusation if you do so with the assistance of a trusted and experienced Criminal Defense Attorney that has successfully defended Terroristic Threat charges throughout Collin, Denton, and Dallas Counties.