In Texas, threats made in the heat of the moment, during arguments, workplace disputes, family conflicts, or online, can carry serious legal consequences. Even words spoken in anger can lead to criminal charges, and intent to act isn’t always required if the statement causes fear of immediate harm. Our Houston criminal defense lawyer often sees how a single outburst can lead to charges with lasting effects.
Threatening someone becomes illegal when it reasonably causes another person to fear imminent bodily injury or serious harm. Physical contact isn’t necessary, and the threat doesn’t need to be carried out. Texas law focuses on preventing potential violence, so even statements made as a joke or out of frustration can be treated as criminal conduct.
How Texas Law Defines Criminal Threats
Texas does not treat threats as casual speech when they place others in danger. Under Texas Penal Code § 22.01, threats fall within the state’s assault law, which covers more than just physical violence. Assault includes actions that cause harm or place another person in reasonable fear of harm. This means that even words, if they create fear of imminent injury, can be considered assault and carry serious consequences. Under this statute, assault can involve:
- Causing bodily injury.
- Making offensive or provocative physical contact.
- Intentionally or knowingly threatening another person with imminent bodily injury.
Because threats are included in the assault statute, they are treated with the same seriousness as physical acts, often surprising those who assume assault only applies when someone is physically hurt.
Common Ways Threats Occur
Threatening someone is not limited to spoken words. Texas law recognizes multiple forms of threatening behavior, many of which arise in everyday interactions.
Verbal threats
- Statements implying physical harm.
- Intimidating language suggesting retaliation or violence.
- Comments implying knowledge of a person’s location or routines.
Electronic and written threats
- Text messages.
- Emails.
- Social media posts or direct messages.
- Written notes or letters.
Digital and written threats often carry added weight because they create permanent records that can be reviewed as evidence.
Physical threats without contact
- Menacing gestures.
- Following someone in a threatening manner.
- Displaying a weapon in an intimidating way.
- Throwing or damaging property during a confrontation.
Physical contact is not required for these actions to be considered threatening.
Insider Threats
Threats are not always obvious and can also come from within an organization. Insider threats involve individuals who have access to sensitive information, resources, or systems, and misuse that access to cause harm or risk. Common forms of insider threats include:
- Data theft or leaks: Stealing confidential company or client information.
- Sabotage: Damaging systems, equipment, or operations intentionally.
- Negligence: Carelessly exposing sensitive data or creating vulnerabilities.
- Unauthorized access: Using access privileges to view, copy, or manipulate restricted information.
Even when no physical harm occurs, insider threats can have serious consequences for companies, employees, and clients. Organizations often treat these incidents with the same seriousness as external threats because the risk comes from someone who is trusted.
Online Threats
Threats made online are not treated differently from in-person threats. Messages sent through social media, text, or email can create the same level of fear and are frequently used as evidence in investigations.
Even a single impulsive message can lead to criminal scrutiny if it appears threatening and credible. The ease of digital communication does not reduce legal responsibility.
What Makes a Threat Illegal
Not every argument, insult, or harsh statement qualifies as a crime. In Texas, a threat becomes illegal when it is made intentionally or knowingly, suggests harm to a person or property, and causes the recipient to reasonably fear that the harm could occur. The law does not require proof that the speaker planned to act on the threat, only that the statement itself created fear. Certain circumstances can make a threat more serious and increase the likelihood of criminal charges, including:
- A weapon is present or displayed.
- The threat involves serious bodily injury.
- The conduct targets a family member or romantic partner.
- The behavior occurs repeatedly over time.
- Statements reference a person’s location, routines, or habits.
- Use of intimidating or violent language.
- Access to means of carrying out the threat (weapons, tools, or sensitive information).
When these factors are present, threatening someone may lead to more severe charges. Consulting a Houston criminal defense lawyer can help determine whether a threat crosses the legal line and guide you on how to protect yourself.
Threat Charges: The lasting Impact
Threat-related charges can have consequences that extend well beyond the courtroom. A criminal record may affect:
- Employment opportunities.
- Housing applications.
- Professional licenses.
- Future legal matters.
Because of these long-term effects, threats should never be taken lightly, even when the initial charge seems minor.
What to Do If You Are Accused of Making a Threat
If you are accused of making a threat and face potential criminal charges, a criminal defense lawyer can help you understand your rights and legal options under Texas law. Even a single allegation can jeopardize your freedom, reputation, and future. An attorney can evaluate whether the accusation meets the legal standard for a criminal offense and guide you on how to respond without incriminating yourself. Early legal representation is critical to preventing escalation and protecting your defense. A Houston criminal defense lawyer can help by:
- Reviewing the alleged threat to determine whether it qualifies as criminal conduct under Texas law.
- Advising you on what statements to avoid and how to protect yourself during police questioning.
- Analyzing texts, emails, voicemails, or online messages for context, intent, and legal weaknesses in the accusation.
- Communicating with law enforcement or prosecutors on your behalf to prevent misinterpretation or unnecessary charges.
- Challenging the credibility of the accusation and identifying inconsistencies or motives to exaggerate or fabricate claims.
- Defending your rights if the matter progresses to arrest, charges, or court proceedings.
Facing Threat Accusations? Take Action Now
So, is threatening someone illegal in Texas? In many cases, yes, but not every accusation results in a valid criminal charge. Prosecutors must prove intent, credibility, and that the alleged threat caused reasonable fear of imminent harm. Without proper legal guidance, however, even weak accusations can lead to serious consequences.
At Juan L. Guerra, Jr. & Associates, PLLC, we aggressively defend individuals accused of criminal conduct in Houston and Harris County. When one accusation can threaten everything you’ve worked for, having an experienced criminal defense lawyer on your side can make all the difference.