Most people think of assault as a physical act—a punch thrown, a shove, or some other form of harmful contact. However, under Texas law, you can be charged with assault without ever laying a finger on another person. In fact, words alone can constitute criminal assault in Texas when they meet certain criteria.

This concept of “assault by threat” in Texas surprises many who find themselves facing criminal charges for statements made during heated arguments or confrontations. In this guide, we’ll discuss what constitutes a criminal threat under Texas law, the serious consequences that can follow, and when it’s time to hire a Fort Worth assault attorney.

What Is Assault by Threat Under Texas Law?

According to Section 22 of the Texas Penal Code, says anyone who “intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse” is guilty of assault.

This legal definition contains a couple important elements that prosecutors must prove:

• Intent Requirement: The threat must be made “intentionally or knowingly.” This means that accidental statements or comments made without understanding their threatening nature generally don’t qualify. The prosecution must show that you meant to make the threat or were aware that your words would be perceived as threatening.
• Imminent Harm: The threat must convey imminent bodily injury. “Imminent” means the threatened harm is about to happen or is impending—not something that might occur in the distant future. Vague threats about potential future harm typically don’t meet this standard.

Beyond Words: Non-Verbal Threats

Assault by threat isn’t limited to spoken or written statements. Non-verbal actions may also constitute threatening behavior under Texas law, depending on the circumstances. Examples might include:

• Brandishing a fist in a threatening manner
• Drawing a finger across one’s throat in a slashing gesture
• Pointing an unloaded gun at someone (though this could also constitute aggravated assault)
• Making threatening movements toward another person

Penalties for Assault by Threat

The consequences of an assault by threat conviction can vary significantly depending on the circumstances.

Class C Misdemeanor

In most cases, assault by threat is charged as a Class C misdemeanor, punishable by:

• Fine of up to $500
• Permanent criminal record

While there’s no jail time for a Class C misdemeanor, the permanent criminal record can have lasting consequences for employment, housing, and educational opportunities.

Enhanced Penalties

Several factors can elevate assault by threat to more serious charges:

Family Violence Designation: If the threat is made against a family member, household member, or current/former dating partner, a family violence label can be attached. This label carries significant additional consequences, including potential loss of gun rights under federal law.

Threats Against Protected Classes: Threats against certain individuals like public servants, security officers, emergency personnel, or pregnant individuals can elevate the charge to a Class A misdemeanor or even a felony, with potential jail time.

Threats Involving Weapons: When a deadly weapon is used or exhibited during a threat, the charge escalates to aggravated assault. Under Section 22.02 of the Texas Penal Code, this becomes a second-degree felony carrying:

• 2-20 years in prison
• Fine of up to $10,000

Distinguishing Assault by Threat from Terroristic Threat

A related but distinct charge in Texas is “terroristic threat,” defined in Section 22.07 of the Penal Code. This offense occurs when someone threatens violence to any person or property with specific intent, including:

1. Emergency Response Intent: Causing a reaction from emergency agencies (Class B misdemeanor)
2. Personal Fear Intent: Placing any person in fear of imminent serious bodily injury (Class B misdemeanor, elevated to Class A if against family members or public servants, or to a state jail felony if against peace officers or judges)
3. Facility Disruption Intent: Preventing or interrupting the use of a building, public place, or form of conveyance (Class A misdemeanor, or state jail felony if causing $1,500+ in pecuniary loss)
4. Public Services Disruption Intent: Causing impairment of public utilities, communications, or transportation (third-degree felony)
5. Public Fear Intent: Placing the public or a substantial group in fear of serious bodily injury (third-degree felony)
6. Government Influence Intent: Influencing the conduct of a government agency (third-degree felony)

The key difference between assault by threat and terroristic threat lies in the actor’s specific intent. While assault by threat focuses on intentionally threatening someone with imminent bodily injury, terroristic threat requires one of the six specific intents listed above.

Common Scenarios Leading to Assault by Threat Charges

Assault by threat charges frequently arise from everyday situations that escalate unexpectedly:

• Heated Arguments: Arguments that intensify can lead to threats made in the heat of the moment. Even if you had no intention of carrying out the threat, your words alone could result in criminal charges.
• Road Rage Incidents: Traffic disputes are common sources of assault by threat charges, especially when drivers make threatening gestures or verbal threats to other motorists.
• Workplace Conflicts: Tensions in the workplace can sometimes lead to threatening statements between coworkers, which might be reported to law enforcement.
• Domestic Disputes: Arguments between family members or romantic partners often result in assault by threat charges, especially when one party feels genuinely threatened by the other’s statements.

Defenses Against Assault by Threat Charges

If you’re facing assault by threat charges, several potential defenses might apply.

Lack of Intent

You may not have intended your words to be threatening, or you may not have knowingly made a threat. Perhaps your statements were misconstrued or taken out of context.

Conditional Threats

Conditional statements like “If you do X, then I’ll do Y” may not always qualify as imminent threats, depending on the specific circumstances.

Constitutional Protection

In some cases, speech may be protected under the First Amendment. The line between protected speech and criminal threats can be complex and often depends on the specific context and content of the communication.

Lack of Evidence

Often, assault by threat cases come down to one person’s word against another’s. Without witnesses or recordings, prosecutors may struggle to prove the exact content or context of the alleged threat.

Common Mistakes to Avoid if Accused

When facing assault by threat allegations, avoid these critical errors.

Waiving Your Right to Remain Silent

As noted in the original document, it’s crucial not to answer incriminating questions. You are not legally required to answer questions like “What did you say to them?” Invoke your 5th Amendment right to remain silent instead.

Admitting to Making the Threat

Even explanations like “I only said that because I was angry” or “I didn’t mean it” can be used as admissions that you made the threat. Let an experienced Fort Worth assault attorney speak on your behalf.

Contacting the Accuser

Attempting to contact the alleged victim to explain or apologize can make matters worse and might result in additional charges, especially if a protective order is in place.

How a Fort Worth Assault Lawyer Can Help

A skilled defense attorney can make a substantial difference in assault by threat cases in several ways.

Challenging Evidence

Your attorney will scrutinize the evidence against you, including:

• Investigating whether your statements were recorded or witnessed
• Examining the context in which the alleged threat was made
• Identifying inconsistencies in witness statements

Providing Context

Often, alleged threats are taken out of context. Your attorney can help present the full picture of what occurred, potentially showing that your words weren’t actually threatening when properly understood.

Negotiating with Prosecutors

In many cases, an experienced attorney can negotiate for reduced charges or alternative resolutions such as:

• Deferred adjudication
• Reduced charges
• Dismissal in exchange for anger management classes

Accused of Assault by Threat in Texas? Act Quickly to Protect Your Rights

If you’re facing assault by threat charges in Fort Worth or surrounding areas, time is critical. Evidence needs to be preserved, witnesses need to be interviewed while memories are fresh, and legal strategies need to be developed before court deadlines.

Contact Norris Legal Group today for a free consultation. Our experienced Fort Worth assault lawyers will review your case, explain your options, and help you build the strongest possible defense against these serious charges.

Remember, in Texas, words can become criminal—but with the right defense, you can protect your rights and your future.