By Graham Norris

We often think “assault” requires a punch, a shove, or a physical act. But in Texas, the law casts a wider net. A heated argument, a single threatening message, or a menacing statement can cross the line from free speech into a criminal charge.

This charge, known as assault by threat, can upend your life with the threat of jail time, fines, and a permanent criminal record. Knowing the precise legal definition and what the state must prove is your first step toward building a strong defense. A Fort Worth assault attorney can help you examine the evidence and develop a strategy to protect your future.

What is Assault by Threat in Texas? More Than Just Words

Under Texas Penal Code § 22.01(a)(2), an assault occurs when a person intentionally or knowingly threatens another with imminent bodily injury. The crime is complete the moment the threat is communicated—no physical contact is ever required. For comprehensive information about how assault is defined and prosecuted, review what the Texas Penal Code says about assault.

• The threat must be of imminent bodily injury, meaning the victim believes the harm could happen right now.
• The person making the threat must do so intentionally or knowingly.
• The threat can be communicated through words, gestures, or written messages.
• The victim must have a reasonable belief that the threat could be carried out.

Potential Penalties: The Consequences of a Conviction

A conviction for assault by threat carries immediate and long-term consequences that extend far beyond the courtroom.

• Jail or Prison Time: A conviction can range from up to one year in jail for a misdemeanor to between two and ten years for a felony.
• Substantial Fines: You may face financial penalties from $4,000 for a misdemeanor to $10,000 for a felony. According to Texas Penal Code Chapter 12, which establishes criminal penalties, these ranges are determined by the classification of the offense.
• A Permanent Criminal Record: This can hinder future employment, housing, and professional licensing.
• Loss of Personal Rights: A felony conviction can result in the loss of your right to vote and possess a firearm.
• Protective Orders: The court may issue a protective order, restricting your contact with the alleged victim.

The Prosecution’s Burden: Proving the Elements of a Threat

A charge is not a conviction. The prosecution must convince a judge or jury beyond a reasonable doubt of every single element of the crime.

• The Threat of Imminent Bodily Injury: The word “imminent” is crucial. The law addresses threats that create a genuine and immediate fear of harm, not vague future warnings.
• The Defendant’s Intent: The state must prove you intentionally meant to threaten the victim. Distinguishing between a true criminal threat and protected speech is a central part of the defense.
• The Victim’s Reasonable Belief: The case hinges on whether a reasonable, ordinary person in the same situation would have felt genuinely threatened. The context and relationship between individuals are critical.

When a Threat Becomes a Felony: Key Factors That Enhance the Charge

What might begin as a misdemeanor can quickly escalate to a serious felony based on specific circumstances. The various types of assault charges in Texas demonstrate how different factors can elevate the severity of the offense.

• The victim was a public servant, such as a police officer, performing their official duties.
• The threat was made against a family member, elevating it to a Domestic Assault.
• The alleged offender was impeding the victim’s breath simultaneously with the threat.
• The offense is a repeat assault charge against the same victim.

Building a Defense Against an Assault by Threat Charge

An accusation is not a conviction. There are multiple, powerful avenues for challenging an assault by threat charge.

• Lack of Intent: A common defense is that the words were a joke, angry hyperbole, or frustration never meant to be taken as a genuine threat.
• Lack of Imminence: The defense can argue the threat referred to a future event or was too vague to constitute a promise of immediate violence.
• Unreasonable Fear: We can question whether a “reasonable person” would have felt truly threatened by analyzing the specific situation and the credibility of the threat.
• Self-Defense: In some situations, verbal warnings may be justified as protective measures. Learn what the Texas Penal Code says about self-defense to see how this legal justification might apply.

Secure Your Future with a Powerful Defense

The gap between a heated argument and a criminal conviction is bridged by the strength of your legal defense. At Norris Legal Group, we know that an assault by threat charge is a threat to your reputation and your future.

Our approach is built on the core principles of Dignity, Trust, and Fight. We provide more than just legal representation; we become your dedicated advocates. With a proven track record, we build a compelling defense tailored to your unique situation.

Don’t let a moment define your life. Contact Norris Legal Group today to schedule your confidential consultation and put an experienced defender on your side.