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Can I Have Assault Charges Filed Against Me For Threats?

The Law Firm of Andrea M. Kolski

You may know that if you commit physical harm against another person than you will be in trouble. In most cases, you will receive assault charges. These charges are serious and you will face serious consequences if found guilty. In Texas, you can also receive assault charges when threatening another person. According to the Texas penal code assault by threat is a punishable offense.

Assault by threat is when you threaten another person using words with the intent to do them harm or injury. The threatened person must have a reasonable fear that the threat will happen. If they can prove they had a reasonable fear they can pursue assault by threat charges.

Texas Penal Code Assault by Threat Definitions

According to the Texas, Penal Code assault by threat refers to any person who makes a threat. This charge is a misdemeanor, it falls into the class C category. Class C offenses in Texas are the lowest level of misdemeanor offenses.

The penalty for an assault by threat charge is a $500 fine. There is no jail time involved with this offense. The fine may not seem like a big deal and many will choose to pay it rather than go to court. One thing to be aware of though is that there will be an assault charge on your criminal record. Paying the fine is accepting the charge and pleading guilty.

Consequences of Assault Charges on your Record

An assault charge on your criminal background check can cause several consequences. These consequences can cause more problems then you realize. In can affect you in several areas.

Inability to Find Work

Having an assault charge can be a red flag for employers. You may have a difficult time find working if convicted. Regardless of the type of assault, an employer may consider you a risk to hire. This may make it difficult to earn a living and get the jobs you want.

Little Growth in Your Current Job

You may already have a job. When it comes time for a raise or promotion within your current job the charge may make it difficult to get one. Again your employer may see it as a risk. They may use that as a reason to limit your responsibilities within the workplace. It may even affect your ability to get a raise.

Inability to Get a License

If your work requires a state license having an assault charge could make it difficult to get or keep a license. Jobs like nursing, teaching, counseling, or even driving special automobiles. An employee must get a state license to pursue this type of job. If you are unable to get one then you can not do that job.

Going to Court

If you choose to fight your charge in court there are some important things to understand. First, it is the state’s burden to prove the case. They must prove that one of the following is true to find you guilty of the charge:

  • That you planned to threaten the person with pain or harm on purpose and had the intent to threaten them.
  • That you knew your behavior would cause the other person to feel threatened and had the intent.

Defenses for Assault by Threat

If you choose to go to court you will want to find a good attorney. The attorney will develop a defense plan to argue that you did not commit the charge. There are several different defense options for assault by threat.

Refuting Evidence

Your lawyer may choose to refute evidence that the state presents. This is a good defense if the state has little or weak evidence. You will need to have solid evidence proving the opposite of what the state presents. You will need to prove the evidence the state presents is false. This also applies to witness statements.

Affirmative Defense

In Texas, there is a defense called an affirmative defense. This is when you admit to the judge that you did the crime but you felt justified for doing it. Your lawyer would need to have evidence showing why you felt justified.


Self-defense is a defense that also involves justification for your actions. You will not deny that you threatened another person. Your defense will be that you also felt threatened. Those feelings resulted in your actions.

Legal Use of Force

In Texas the law allows you to use force to protect your property as well. Depending on the circumstances of the threat this defense might apply. You will have to prove that you had an imminent fear the person was going to damage your property though.

Finding the Best Lawyer

If you have a charge for assault by threat in Texas then you will need to find a lawyer to fight it. There are many things to remember when looking for a lawyer. Having the right lawyer will determine the outcome of your trial. You will need to do some research and make sure the best lawyer for you.

When choosing a lawyer find one that has experience with assault by threat charges. Choose one that fits in your budget and will provide good services within your budget. Choose a lawyer that you can trust and feel comfortable with.

Discuss your legal defense based on the texas penal code assault by threat legal codes. Make sure that the defense your lawyer will use is the defense you agree with. It’s best to agree with the defense and to be honest during your trial.

If you’re still looking for the right defense team, contact us today to discuss your case and how we can help.

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