Can Verbal Threats Land Me in Jail in Texas?

 Posted on March 26, 2025 in Criminal Defense

Many of us used to chant the popular saying, "Sticks and stones can break my bones but words will never hurt me" as kids. We tend to agree with this as adults as well, with people believing that physically hurting someone might result in legal trouble but that verbal threats are harmless or protected under free speech laws. However, certain types of verbal threats can result in criminal charges and even jail time. A qualified Texas criminal defense lawyer can explain when a verbal threat might be considered criminal conduct and can work hard to protect your rights.

When Can a Verbal Threat Lead to Criminal Charges?

Texas law identifies several circumstances in which verbal threats might result in criminal charges. Depending on the nature of the threat and the circumstances surrounding it, these threats can lead to misdemeanor or even felony charges. Some key examples include:

Assault by Threat

You can be charged with assault if you purposely threaten another person with imminent bodily injury. This is often a Class C misdemeanor, which is punished by a fine of up to $500. However, if the threat is directed at a family member or someone in a domestic relationship with you, the charge can be brought up to a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $4,000.

Terroristic Threat

A verbal threat that causes fear of serious bodily injury, disrupts public services, or places a group of people in fear may be classified as a terroristic threat. Depending on the severity of the threat and its impact, this can be charged as anything from a Class B misdemeanor to a third-degree felony, which is the harshest charge and carries a sentence of two to ten years in prison and fines of up to $10,000. 

Harassment

Making repeated or obscene verbal threats through phone calls, text messages, or other forms of communication can result in harassment charges. This offense is often a Class B misdemeanor, but penalties can be more severe in certain circumstances.

What Factors Can Impact the Severity of Charges?

Sometimes people say something they do not mean in the heat of the moment. Typically, that is not something that results in a prison sentence. Maybe what you said was unwise and you would take it back if you could, but under certain circumstances, your ill-advised words can see you facing criminal charges. Several factors can influence whether verbal threats are prosecuted in Texas:

• Intent: Prosecutors must prove that you intended to cause fear or harm.

• Context: The severity of the charge can be impacted by the circumstances surrounding the threat, such as whether it was made during an argument or in a public setting.

• Identity of the alleged victim: Threats against family members, public servants, or law enforcement officers may result in heightened charges.

Schedule a Free Consultation with an Austin, TX Criminal Defense Lawyer

If you have been accused of making a verbal threat in Texas, securing legal representation is essential. A knowledgeable Georgetown, TX criminal defense attorney can challenge the evidence against you, assert your free speech protections, examine police conduct, or negotiate for reduced charges, depending on the circumstances of the incident. At Morales Law Office, Attorneys at Law, PLLC., we are committed to protecting our clients’ rights and we will work tirelessly to get the best possible outcome for you. Call 512-474-2222 to schedule a free consultation.