What’s considered a threat in Texas? Well, we could be talking about several different things but say if a person is threatened with a gun, then, that could be the offense of aggravated assault with a deadly weapon. If a person is threatened with imminent bodily injury, that could be just a Class C-Level offense of assault, punishable by fine only.
If a person is threatened more seriously, like, “I’m going to kick your butt right now,” that could be a terroristic threat, which is kind of interesting because the term of the offense, the name of the offense, has terroristic in it. And that makes us think of modern things such as terrorist. And this is not involving a terrorist at all, but that’s a Class A misdemeanor offense of a terroristic threat. But then, it can get a little more complicated.
For instance, I’ve had a case where a person said, “If you don’t fix the roads, I’m going to kick your butt.” And that was charged as a terroristic threat, but a court found that actually it wasn’t because it was conditional.
So, the thing is, if you’re going to threaten somebody under terroristic threat, it’s got to be right away and not conditioned on something. So, we could be talking about several different things when we’re talking about threats in Texas. But typically, we’re talking about someone being threatened with a weapon, a gun, a knife, or being threatened verbally with imminent bodily injury or a serious bodily injury or something like that.
In Texas, a threat can be a weapon, gun, knife, or verbal threat with imminent or severe bodily injury. A Class C-level assault or a Class A misdemeanor offense of terroristic threat can be used. However, a conditional threat, such as “I’m going to kick your butt right now,” can be considered a terrorist threat. In Texas, threats can be aggravated, imminent, or severe, depending on the nature of the threat.