What Qualifies as a Terroristic Threat in Houston?

 Posted on May 12, 2025 in Criminal Defense

Words have weight – and sometimes, they come with legal consequences. If you are accused of making a terroristic threat, you could face misdemeanor or felony charges depending on the specific act. Whether it was intended as a joke or not, you could find the police knocking at your door with a warrant for your arrest. Before you panic, you should get in contact with a Houston criminal defense lawyer who can represent you at a hearing.

At Murphy & McKinney Law Firm, P.C., we understand how stressful your criminal case may be to you, especially if you have never been arrested before. We will take a close look at the statement that led to your arrest, looking for mitigating circumstances or possible defenses.

Terroristic Threats Must Be Violent

To qualify as a terroristic threat, the inciting words must carry a direct threat of violence. This can be directed towards either people or property. Examples of terroristic threats may include:

• Threatening to bomb or "shoot up" a school

• Threatening to kill someone you know

• Threatening to assassinate a public figure

The severity of the charge will depend on the scale of the threat and the damage it causes. For example, a threat that results in a reaction from emergency responders is a Class B misdemeanor, which carries up to six months in jail and a possible $2,000 fine. However, putting the general public in fear of serious harm is a third-degree felony, punishable by up to ten years of incarceration and a possible $10,000 fine.

Terroristic Threats Require Intent

To secure a conviction for a terroristic threat, the prosecution must prove that there was a specific intention behind the act. Namely, the threat must have been intended to put someone in fear for their life, to elicit some kind of reaction from emergency responders, disrupt a public service, or influence the government.

Even if you did not mean to make a serious threat, the prosecution could still argue that you had the intent to cause a disruption or emergency response. If you have been charged with issuing a terroristic threat, you should avoid speaking to the police and meet with a criminal defense attorney as soon as possible.

Am I Protected by the First Amendment Against Terroristic Threat Charges?

The right to free speech can sometimes brush against the law. The statute for terroristic threats is so broad that many statements could be interpreted as intending to cause a disruption.

The First Amendment is not an absolute defense against charges of terroristic threats. You can still be jailed and prosecuted for making a credible threat to the public. The key word here is "credible." An obvious joke or a clear exaggeration for the sake of hyperbole might still fall under your First Amendment rights. However, it is important that you work with an experienced attorney who can help you build a strong defense strategy.

Meet With a Houston Criminal Lawyer Today

If you are not careful, a misinterpreted statement or a regrettable joke in the heat of the moment can result in criminal charges. At Murphy & McKinney Law Firm, P.C., our Houston, TX criminal defense attorney can help you contest a terroristic threat charge. Call our offices at 713-229-8333 for a free consultation.