As per Texas law, when a person intentionally or knowingly threatens to commit any offense involving violence to any person or property and shows criminal intent to follow through, it constitutes a terroristic threat charge.

EricThole explains it with a few examples of phases here.

● I'm going to kill you.

● If you don't give me XYZ, I'll knock you out.

People commonly speak such statements in a heated argument. But, Eric Thole, attorney at law, specifies if such statements also accompany violence or terrify a family member into believing you may do so, then they can report to the police. Police will arrest you under a terroristic threat family member charge.

Specific Types of Intent Constituting Terroristic Threat Charges

1. Causing a reaction of any sort to the threat by a law enforcement official or any volunteer agency established to deal with emergencies

2. Placing any person/family member in fear of impending bodily severe injury

3. Restricting, preventing, or interrupting the occupation or use of any publically accessible

   1. building, room, place of assembly

   2. place of employment or occupation

Defenses For Terroristic Threat Charge

Eric Thole, attorney at law states, that common defenses like having an alibi, consent, and unlawful seizure of evidence are not enough in such a terroristic threat family member charge. You require two specific defenses -

● Absence of Threat

Sometimes words get taken out of context in a heated argument, witnesses stretch the truth, and misinterpretations happen. EricThole advises hiring an experienced criminal defense attorney who can show a jury that you never made an actual threat and so you are not guilty of any crime.

● Absence of Intent

The prosecutor must prove your intent to obtain a conviction in a terroristicthreat family charge. If the state fails to do so, you get a defense against it. But they can still charge you with a separate crime like assault.

Eric Thole also highlights situations wherein a person arrested with terroristic threat family charge may be significantly more afraid of the alleged victim due to a difference in size or gender. In such instances, hire a board-certified criminal defense lawyer to defend yourself.

Source: https://ericthole.blogspot.com/2021/12/defenses-for-terroristic-threat-family.html