Terroristic Threat of Family or Household Member
Terroristic Threat of Family or Household Member
This offense is under the umbrella of Family Violence, even though no assault was committed, since presumably only an alleged threat was made. As a Family Violence type case, it was be specially assigned to a Family Violence Prosecutor in the Family Violence Court. Terroristic Threat of Family or Household Member involves a person who threatens to commit any offense involving violence with intent to place a person in fear of imminent serious bodily injury. This offense is a Class A Misdemeanor, based on a defendant's dating, family, or household member relationship with the person(s) being threatened.
You can read the specific Statute and also read about the Penalties and Punishments below.
What You Need To Know
Terroristic Threat of Family or Household Member cases are often contentious, since many times there are conflicting versions of what was said. The exact words used are key in these cases. It's important to write down notes, soon after the incident, to make sure the exact phrases or words used are recalled correctly when Court comes, often months later after arrest or the incident.
It's also important to understand there are multiple subsections to a Terroristic Threat of Family or Household Member, and each carries with it differing penalties.
Closely Related Offenses
Related areas to Terroristic Threat of Family or Household Member include Terroristic Threat, which is a Threat NOT involving the two people who have a family, dating, or household relationship -- described by Section 71.0021(b), 71.003, or 71.005, Family Code. Also, Terroristic Threat Causes Fear or SBI is when the offense involves a threat causing fear of imminent serious bodily injury.
If you're looking for other offenses that are related to this one, you can see more information below, or click related legal offenses.
Jail Release and Bond for Terroristic Threat of Family or Household Member
A person charged with Terroristic Threat of Family or Household Member is arrested and taken to jail. In jail, the person is forced to await a Judge who will review the case and the person's history, and set a bond amount. In some cases, the Judge will grant a personal bond. If not, or if significant delay occurs, the Keates Law Firm can act quickly to assist with a personal bond to release that person. Be sure to read more about Bond, Personal Bonds, and Travis County Jail Releases.
Often, after an incident, the police will merely issue a warrant for the suspect, if that person is not found at the scene. If the officer does file an arrest warrant, clearing it will require a Walkthrough. Doing a Walkthrough quickly is important, because most of the time a person does not go into the jail during the surrender process. Call us for more details if you have an Active Travis County Arrest Warrant.
Defenses for Terroristic Threat of Family or Household Member
Defenses for Terroristic Threat of Family or Household Member vary depending on which subsection a person is charged under. Most commonly, the word imminent is crucial, since the penal code requires a person be in fear of imminent serious bodily injury. Thus if the threat is something akin to "If you shout at me again, I'm going to drive home and arm myself," there is a decent argument to be made that such a threat is not something that will quickly happen.
If you'd like to talk in detail about your situation, or if you have questions, contact us for a Free Case Consultation. Keep in mind, Keates Law Firm only practices in Austin and Travis County.
Work with an Experienced Terroristic Threat of Family or Household Member Attorney
Hiring the right attorney from the beginning is important. Poor legal decisions will have a negative effect upon the case as it progresses. The Keates Law Firm has over 16+ Years Experience handling Terroristic Threat of Family or Household Member cases. Our focus is to try and have the case dismissed against you. We don't even discuss pleas until all legal and negotiation options have been explored in detail.
Call Us to talk about your particular case and situation. It's a 100% Free Phone Consultation with Criminal Defense Attorney Keates. No Sales Pitches, No Hassles. We'll see if we are the right Law Firm for you, and give you a quote. Be sure to check out Keates Law Firm's Reviews and also our past cases and Results.
How We Can Help
Your goal should be Dismissal for any Terroristic Threat of Family or Household Member charge. While not every case can be dismissed, often times the goal becomes avoiding jail, or getting a reduced charge, or even getting a favorable probation with a possible dismissal at the end, called Deferred Adjudication. If dismissed, a person can later seek an Expunction of a Criminal Record, which is where a Judge Orders the offense records destroyed, including police reports, court records, and prosecutor files.
Likewise, if Deferred Adjudication is successfully completed, the person can have thier record sealed through Motions for NonDisclosure.
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(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.
What are the Terroristic Threat of Family or Household Member Punishments?
Terroristic Threat of Family or Household Member is generally a Class A misdemeanor.
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.
An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.
| Level of Offense | Punishment |
|---|---|
| Class A Misdemeanor | Not more than 365 days in a county jail, and/or no more than $4,000 fines |
| State Jail Felony | Between 6 months and 2 years in State Jail, and/or fines |
| 3rd Degree Felony | 2-10 years in prison, and/or no more than $10,000 fines |
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