Understanding Terroristic Threat Charges in Texas
Terroristic threat is a serious criminal offense in Texas that can apply to a wide range of situations. While most commonly involving threats of violence against individuals, Texas law also criminalizes threats made against property, public services, and government agencies. If you are facing a terroristic threat charge, it is crucial to understand the law, possible defenses, and the potential consequences.
As a Board-Certified Criminal Defense Attorney and Texas Super Lawyer, Jose Ceja of Ceja Law Firm has successfully defended numerous terroristic threat cases throughout the Houston area. With his experience as a former prosecutor and extensive trial experience, he works aggressively to protect his clients’ rights and seek dismissals or reductions whenever possible.
What is a Terroristic Threat in Texas?
Under Texas Penal Code Sec. 22.07, a person commits the offense of terroristic threat if they threaten to commit violence against a person or property with the intent to:
- Cause an emergency response by law enforcement or another emergency agency.
- Place someone in fear of imminent serious bodily injury.
- Disrupt the use of a building or public place (e.g., schools, workplaces, transportation hubs).
- Impair or interrupt public services such as communication, water, gas, or electricity.
- Instill fear in the public or a large group of people.
- Influence government operations or officials.
In the Houston area and throughout Texas, the most common terroristic threat charges arises under Subsection (2), where a person is accused of threatening another individual with imminent serious bodily harm.
Types of Terroristic Threat Cases
Under Texas Penal Code 22.07, terroristic threat can be committed in multiple ways. However, the most common charge involves a suspect threatening to commit an act of violence against a person or property with the intent to place someone in fear of imminent bodily injury. The other types of terroristic threat generally involve threats made against large groups of people, public utilities, or branches of government or government agencies.
Potential Consequences for a Terroristic Threat Conviction
The severity of the charge depends on who the threat was made against and the impact of the threat:
- Class B Misdemeanor (Up to 180 days in jail, $2,000 fine):
- Threat made to an individual causing fear of imminent serious bodily injury.
- Threat causing an emergency response.
- Class A Misdemeanor (Up to 1 year in jail, $4,000 fine):
- Threats made against a family member (domestic violence cases) or a public servant.
- Threats preventing the use of a building (unless financial loss exceeds $1,500).
- State Jail Felony (6 months to 2 years in state jail, $10,000 fine):
- Threat made against a peace officer or judge.
- Threat causing financial loss over $1,500.
- Third-Degree Felony (2 to 10 years in prison, $10,000 fine):
- Threats that impair public services (utilities, transportation, communication).
- Threats that instill fear in the public or a large group.
- Threats made with the intent to influence government actions.
Common Bond Conditions in Terroristic Threat Cases in Houston
Bond conditions vary depending on the allegation, the defendant’s criminal history, and the judge. Most commonly, judges in the Greater Houston area will impose conditions such as:
- No additional threatening or harassing behavior
- No contact with the complaining witness or visiting their home or workplace
- No firearms possession
- Random drug and alcohol testing (depending on case circumstances)
- GPS monitoring in certain cases
If a case involves violence, a protective order may be issued under Texas Code of Criminal Procedure 17.292. An experienced criminal defense attorney can help modify restrictive bond conditions where appropriate.
Defense Strategies for Terroristic Threat Cases
There are several defenses that Ceja Law Firm can employ in a terroristic threat case:
- Lack of Intent: The State must prove the defendant intended to place someone in fear.
- Lack of Imminence: The threat must be immediate, not conditional or speculative.
- No Credible Fear: If the alleged victim was not actually placed in fear of imminent harm, this weakens the prosecution’s case.
- False Allegations: Disputes, revenge motives, or misunderstandings can lead to false accusations.
Case Example:
Recently, Ceja Law Firm obtained a dismissal for a client who told a police officer, “If you weren’t wearing that uniform, I’d beat you up.” The judge ruled this was a conditional threat, meaning it did not meet the imminence requirement under Texas law, and the charge was dropped.
How Long Will a Terroristic Threat Case Last?
In the Houston area, the process for a terroristic threat charge can take several months or over a year. Ceja Law Firm ensures a thorough review of all evidence, including police reports, 911 calls, and witness statements, before advising clients on their best course of action.
How to Keep a Terroristic Threat Charge Off Your Record
Texas law provides two ways to clear a record after a terroristic threat arrest:
- Expunction (Complete record destruction, available if the case is dismissed or results in a “not guilty” verdict)
- Non-disclosure (Record sealing) (Available if the defendant successfully completes deferred adjudication probation)
How Can You Help Your Terroristic Threat Case?
- Follow bond conditions strictly (especially no-contact orders): Courts often impose strict bond conditions, particularly requiring no contact with the alleged victim. Violating these conditions can lead to your bond being revoked, additional charges, or jail time. If a protective order is in place, compliance is critical to avoid further legal trouble.
- Do not discuss the case with the accuser: Any interaction with the complaining witness, even through a third party, can be used against you. In some cases, the alleged victim may attempt to provoke a response that could harm your case. Avoid any communication to prevent misunderstandings or additional accusations.
- Work with an experienced criminal defense attorney: A skilled lawyer can evaluate the evidence, challenge the prosecution’s case, and negotiate favorable outcomes such as case dismissals, pre-trial diversion programs, or reduced charges. An attorney can also work to modify overly restrictive bond conditions to make the legal process more manageable.
Contact Ceja Law Firm for Aggressive Defense
Ceja Law Firm has successfully defended numerous terroristic threat cases in the Houston area and understands how to fight these charges effectively. Mr. Jose Ceja, a Board-Certified Criminal Defense Attorney and Texas Super Lawyer, provides experienced legal representation in Houston and the surrounding areas.
