Houston Terroristic Threats Defense Lawyer

Board Certified Criminal Defense Lawyer for Terroristic Threats in Texas

A terroristic threat is not reserved for ISIS fighters overseas. Terroristic threats are actually an offense in Texas, often charged against persons who meant no real harm. Take, for instance, the 18-year-old kid Justin Carter. In 2013, he was playing a video game online with other players. The game got exciting, and emotions got heated. A player called Carter crazy, and Carter responded, escalating a verbal exchange. In his excitement, Justin made comments that would have—in another situation and setting—been entirely inappropriate and alarming. But directly after stating his unfortunate comment, he typed LOL for "lots of laughs" and JK for "joking." That didn't stop a Canadian woman who saw the exchange on Facebook. She took a screenshot and sent it to officials in Texas. Carter was subsequently arrested on terroristic threat charges. His bail was set at an astounding $500,000. Fortunately, a silent donor posted the bail for him—someone who realized the insanity of it.

In this kind of scenario, you would have thought once the true nature and circumstances of the case were revealed, the charges would have been dropped. But they weren't. His attorney filed a request for the same, citing the fact that (1) Carter was for all purposes and intent joking; (2) the statute is overly broad; and (3) free speech is protected by the Constitution. But the request for dismissal was denied by District Judge Jack Robinson and affirmed by the Third Court of Appeals. Five years later, in March 2018, a plea deal was struck—pleading guilty to a misdemeanor of making a false report. Now, Carter has a criminal record. Still young, this criminal record has serious collateral consequences, let alone the time he already served. The criminal record can affect his future educational and professional career aspirations.

If you have been arrested and charged with terroristic threats, you should know your words apparently are not always protected by the U.S. Constitution in the State of Texas. You need a criminal defense lawyer who will pursue your rights and your freedom. You need an attorney who is Board Certified in criminal law and who understands deeply the workings of the prosecution and court system. You need an attorney who is committed to going to trial if that's what it takes to get your case dismissed or you acquitted. Doug Murphy, Board Certified and a veteran trial criminal defense lawyer, has the commitment, the resources, and the insight to defend your case. Based in Houston, he represents clients throughout Harris County and all surrounding counties.

How Does Texas Define the Offense of Terroristic Threats?

The statute for the offense of terroristic threat is very broad and encompasses a number of different yet nonspecific circumstances. According to Texas Penal Code § 22.07, a person commits the offense of terroristic threat when he or she threatens to commit violence against any person or property with the intent to:

• Cause an official or volunteer agency organized to deal with emergencies to react to his or her threat,
• Place any person in fear of imminent serious bodily injury,
• Prevent the occupation or use of:
  • A building,
  • A room,
  • A place of assembly,
  • A place to which the public has access,
  • A place of employment or occupation, aircraft, automobile, or other form of conveyance, or
  • Other public place,
• Cause interruption of public communications, public transportation, public water, gas, or power supply or other public service,
• Place the public in fear of serious bodily injury, or
• Influence the activities of the federal government, the state, or a political subdivision of the state.

Terroristic threats must be distinguished from simple threats. Though the above description of terroristic threats is broad, there are two important intentions behind terroristic threats that are not behind simple threats: (1) the intent to cause widespread fear or disruption; or (2) the intent to cause a specific person to fear serious bodily injury or death.

In the video game example above, Carter allegedly made a terroristic threat because of his threat of violence that could have led to serious bodily injuries or death of kids in a public school. Of course, in his case, the threat was taken out of context, and he was responding to someone online who called him crazy. If the threat had been real, then it would have indeed placed the public in fear of serious bodily injury and would have interrupted public services, both elements constituting the offense of terroristic threats.

How Is a Terroristic Threat Offense Prosecuted in Texas?

To prosecute and convict a person of this charge, the prosecutor must prove specific elements of the crime.

• The alleged offender must have asserted the threat knowingly and intentionally; or
• The alleged offender must have issued the threat with specific intent to cause disruption or cause fear of serious injury (without actually causing that serious injury).

To prove the intent, different types of evidence can be submitted. Examples of such evidence include:

• Phone transcripts, recordings, and records
• Social media posts expressing anger or other upsetting emotions toward a person, the government, or other entity
• Video or pictures
• Witnesses

If the argument is successful, and the jury is persuaded, the alleged offender may be convicted, and they will face a stiff sentence. But with the help of a smart and aggressive Board Certified criminal defense lawyer, you can fight the charge.

What Are the Penalties if Convicted in Texas of Terroristic Threats?

If you are convicted of terroristic threats in Texas, the sentencing will be in part dependent on the classification of the charge. Terroristic threats can be charged as misdemeanors or felonies. The below chart identifies the crime, the class, and the range of punishment.

What Are Possible Defenses to a Terroristic Threat Charge?

With the help of a smart and aggressive Board Certified criminal defense lawyer like Doug Murphy, you can fight the charge. How it's fought will be determined on a case-by-case basis according to the facts and circumstances. You may have specific defenses, or you may need to challenge the evidence and work towards weakening the State's case against you.

Some specific defenses that could result in dismissal of your charge include but are not limited to:

• First Amendment rights - We have certain constitutional rights, and if they were violated, then any evidence flowing from the violation can be dismissed.
• Lack of evidence - If the evidence does not suffice the elements of the crime, then there is no crime.
• Mistaken identity - If your identity was mistaken, then there is no case against you.
• No intention to follow through with terroristic threat - If you didn't intend to act on the threat, then it's a hollow threat, and culpability does not exist.
• Victim overreaction or exaggerated claims - This would fall in line with the case of Carter, whose unfortunate joke was met with an overreaction by a Canadian woman.

Contact Our Harris County Terroristic Threats Defense Attorney

If you have been charged with the offense of terrorist threats, Houston criminal defense lawyer Doug Murphy will aggressively and comprehensively defend your case. His capabilities have been recognized by the legal community, which has endorsed his name through accolades and frequent invitations to speak at seminars throughout Texas and the United States. Contact Murphy & McKinney Law Firm, P.C. today at 713-229-8333.