Legal Question in Criminal Law in Texas

Re: terroristic threats

Here is the deal...

most likely it is this...

Sec. 22.07. TERRORISTIC THREAT. (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; or

~ ~ (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; or

~ ~ (4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service.

~ (b) An offense under Subdivision (1) or (2) of Subsection (a) is a Class B misdemeanor. An offense under Subdivision (3) of Subsection (a) is a Class A misdemeanor. An offense under Subdivision (4) of Subsection (a) is a felony of the third degree.

Read this carefully. Do you think you are guilty of this? I would recommend you discuss this with yoru attorney as you do not need this to be on your record and based on the facts it may not be cut and dry. what county are you in?

Re: terroristic threats

I agree with everything Mr. Copeland, but would like to expand. At the outset, this is a perfect example of the absolute rule: When police are questioning you or are within earshot, KEEP YOUR MOUTH SHUT. With that said, given the facts you present, a lawyer should have a pretty good shot at getting a dismissal or acquittal, or at least a reduced charge. I would probably argue that your ill-advised statement was in the nature of "rhetorical hyperbole," not something a reasonable person would take seriously--especially since you said that the act was something you "should" do, not "I will..." We have all said or heard people say, "I'm going to kill him!" or "When my wife finds out, she's going to kill me!" But these statements are not intended literally. It all boils down to the surrounding circumstances.

There is a U.S. Supreme Court case (I forgot the name) where an anti-war speaker said something like, "If I am drafted, the first one I will shoot will be LBJ!" He as arrested, charged, and convicted of threatening the president. The U.S. Supreme Court reversed the conviction, holding that since no reasonable person would view the statement as a real threat, that it was merely "rhetorical hyperbole," and therefore protected speech under the First Amendment.

You weren't making a political statement or protesting anything, except expressing frustration with an unfortunate situation. But I still think that the analogy may still apply, or at least be reasonably argued. In any event, this is something that should be handled by an attorney, not on your own. Also, I recommend that you purchase a big punching bag, so if you have another frustrating experience, you can let off steam without allowing your mouth to ruin your life! I don't mean to be insensitive, but I'm an attorney, not a social worker. Good luck!

The above is meant as a general observation based on limited facts, and is not intended to be legal advice. No attorney/client relationship is created or implied.