Can you go to jail for making a terroristic threat in Texas?

Yes. Terroristic threats can be charged as Class B or Class A misdemeanors, state jail felonies, or third-degree felonies. A Class B misdemeanor carries up to 180 days in jail, while a third-degree felony carries two to 10 years in prison. The punishment depends on the nature of the threat and the circumstances.

Is a terroristic threat a felony in Texas?

Not always. Many terroristic threat charges are misdemeanors. However, threats involving public services, widespread public fear, or government activities can be third-degree felonies. Certain threats against known peace officers or judges, or threats causing qualifying financial losses, can be state jail felonies.

Can you be charged with a terroristic threat over a text message?

Yes. A threatening text message can support terroristic threat charges (or stalking charges in Austin ) if prosecutors can prove the elements of Texas Penal Code § 22.07. Messages sent during arguments, breakups, or domestic disputes may become evidence. The full conversation, surrounding circumstances, and sender's intent can be important to the defense.

Can you be convicted of a terroristic threat if you never intended to hurt anyone?

Yes. Texas law does not necessarily require proof that you intended to carry out the threatened violence. Prosecutors must instead establish the specific intent required by the charged offense, such as intending to place someone in fear of imminent serious bodily injury. However, making an angry statement alone does not automatically establish criminal intent.

Is threatening your spouse or ex-partner considered family violence in Texas?

It can be. A threat intended to cause fear of imminent serious bodily injury may qualify as a Class A misdemeanor when directed against a family or household member or when the conduct otherwise constitutes family violence. Threats involving former dating partners may also qualify when the statutory requirements are met.

Can terroristic threat charges be dismissed in Travis County?

Yes. Terroristic threat charges can be dismissed when the evidence does not support the allegations or prosecutors cannot establish the required elements. Disputed intent, conflicting witness statements, incomplete text conversations, and insufficient evidence may affect the case. Michael & Associates has obtained a dismissal in a Travis County terroristic threat case involving an argument between coworkers.

What should I do if I'm accused of making a terroristic threat in Austin?

Speak with a criminal defense attorney before discussing the allegations with police. Preserve relevant text messages, emails, recordings, and other evidence, including conversations that provide context for the alleged threat. An Austin defense attorney can examine the allegations, communicate with investigators, and help protect your rights throughout the case.

Austin Terroristic Threat Lawyer | Michael & Associates

You don't have to carry out a threat to face criminal charges in Austin. Telling someone, "I'm going to burn your house down," texting an ex-partner, "If you leave, I'll kill you," or calling in a fake bomb threat to a school or workplace can lead to terroristic threat charges.

Despite the name, terroristic threats don't necessarily involve domestic or international terrorism. Charges often arise from domestic disputes, bar fights, road rage incidents, or heated text messages.

Under Texas Penal Code § 22.07, prosecutors must prove that you threatened violence against a person or property with a specific intent, such as causing fear of imminent serious bodily injury, provoking an emergency response, or disrupting a public place. You don't necessarily need the ability or means to carry out the threat to be convicted.

Depending on the circumstances, a terroristic threat can be charged as a Class B misdemeanor, Class A misdemeanor, state jail felony, or third-degree felony.

Attorney for Terroristic Threats in Austin, TX

Michael & Associates Criminal Defense Attorneys represents people facing misdemeanor and felony terroristic threat charges throughout Austin and Travis County. Our senior criminal defense lawyers bring an extensive range of criminal defense experience to cases involving alleged threats, family violence, assault, and other violent offenses.

Our Austin team includes Board Certified Criminal Law Specialist Dan Dworin, who has practiced criminal law for nearly 30 years and represented clients on charges ranging from DWI to murder. Former Felony Prosecutor Joshua Griffin spent eight years prosecuting serious felonies such as murder, obtaining over 30 felony jury convictions. Austin Managing Attorney James Fletcher is an ACS-CHAL Forensic Lawyer-Scientist with specialized forensic science training.

Contact our experienced criminal defense attorneys today for a free, confidential consultation. We will explain your charges, possible penalties, and defense opportunities.

Penalties for Making a Terroristic Threat in Texas

Texas classifies terroristic threats based on the accused person's intent, the alleged victim, and the consequences of the threat. You could end up facing either a misdemeanor or a felony charge.

Classification	Circumstances	Potential punishment
Class B misdemeanor	Threat intended to cause fear of imminent serious bodily injury or provoke an emergency agency response	Up to 180 days in jail and $2,000 fine
Class A misdemeanor	Qualifying family violence or public servant threat; threat intended to disrupt use of certain places	Up to 1 year in jail and $4,000 fine
State jail felony	Qualifying threat against known peace officer or judge; disruption causing $1,500 or more in economic loss	180 days to 2 years in state jail and up to $10,000 fine
Third-degree felony	Threat involving public services, widespread public fear, or government activities	2–10 years in prison and up to $10,000 fine

The prosecution must establish the specific intent required by the applicable subsection of § 22.07. Simply making an offensive or angry statement alone does not automatically constitute a terroristic threat.

Class B Misdemeanor for Threats Intended to Trigger Emergency Responses

Example: Threatening violence to provoke a response from police or emergency personnel could lead to charges under this provision.

Under Texas Penal Code § 22.07(a)(1), a person commits a Class B misdemeanor by threatening a violent offense against a person or property with the intent to elicit a response from an official or volunteer emergency agency.

The prosecution must prove the required intent, not simply that emergency personnel responded.

Class B Misdemeanor for Threats of Serious Bodily Injury

Example: Threatening to seriously injure someone during a heated argument could lead to charges, depending on the words used, surrounding circumstances, and evidence of intent.

Under § 22.07(a)(2), threatening violence with the intent to place someone in fear of imminent serious bodily injury is ordinarily a Class B misdemeanor.

Prosecutors must prove the accused intended to cause fear of imminent serious bodily injury. They don’t necessarily have to prove the accused intended to carry out the threat.

Class A Misdemeanor Terroristic Threats Involving Family Violence or Public Servants

Example: A threatening message sent during a breakup could lead to a family violence-related terroristic threat charge if the circumstances satisfy the statutory requirements.

A threat under § 22.07(a)(2) becomes a Class A misdemeanor when the offense is committed against a public servant, a member of the accused person's family or household, or otherwise constitutes family violence under Texas law.

Family violence-related terroristic threat charges may involve:

A spouse, former spouse, or family member
Someone living in the same household
A current or former dating partner, when the conduct meets the legal definition of dating violence

Not every threatening statement made during a family or relationship dispute qualifies as family violence. Prosecutors must establish the elements of the offense and the circumstances supporting the enhanced charge.

These allegations may also involve protective orders, damage to personal relationships, and other consequences beyond the criminal penalties.

State Jail Felony Terroristic Threats

Example: The offense becomes a state jail felony if the interruption causes the owner of the building, room, place, or conveyance an economic loss of $1,500 or more.

Under § 22.07(a)(3), threatening violence with the intent to prevent or interrupt the use or occupation of a building, room, public place, workplace, or transportation facility is ordinarily a Class A misdemeanor.

The offense becomes a state jail felony if the threat causes the owner a qualifying financial loss of $1,500 or more.

However, prosecutors must establish both the required intent and the financial loss.

Additionally, under § 22.07(c-1), a threat intended to cause fear of imminent serious bodily injury becomes a state jail felony when directed against someone the accused knows is a peace officer or judge. This carries more serious penalties than the Class A misdemeanor enhancement for threats against other public servants.

Third-Degree Felony Terroristic Threats

Example: Threatening violence to disrupt a public transportation system or force a government agency to change its activities could support felony charges.

Texas Penal Code § 22.07(a)(4), (5), and (6) address threats intended to:

Impair or interrupt public communications, transportation, water, gas, power, or other public services.
Place the public or a large group of people in fear of serious bodily injury.
Influence the conduct or activities of a federal, state, or local government agency.

These offenses are generally third-degree felonies, punishable by two to 10 years in prison and a fine of up to $10,000.

How Can an Austin Attorney Defend Against Terroristic Threat Charges?

A heated argument, angry text message, or statement that was taken out of context doesn't automatically establish a terroristic threat. Admitting that you made a threatening statement isn't the same as admitting that you committed a crime. Prosecutors must prove that you threatened a qualifying violent offense and had the specific intent required by Texas law.

Several issues may be important to your defense:

Lack of criminal intent: You may have said something threatening without intending to cause fear of imminent serious bodily injury or accomplish another purpose prohibited by § 22.07. Even if you acknowledge making the statement, prosecutors must still prove the required intent. What happened before and after the incident can help establish what you meant.
Statements taken out of context: A text message may seem threatening on its own but mean something different when you consider the full conversation. Sarcasm, exaggeration, previous exchanges, and the relationship between the people involved may matter.
Disputed allegations: Sometimes the case depends largely on one person's account of an argument. Witness statements, recordings, text messages, and inconsistencies in the allegations may help challenge the prosecution's version of events.
Insufficient evidence: Prosecutors must establish every element of the charged offense. Evidence that someone became frightened or called the police does not necessarily prove the accused had the specific intent required by the statute.

Our attorneys will examine what you said, the circumstances surrounding the statement, and the available evidence to craft the best possible defense strategy.

Definitions under the Texas Statute Prohibiting Terroristic Threats

Texas law incorporates several definitions from the Family Code when determining whether a threat constitutes family violence.

Family: Under Family Code § 71.003, family includes people related by blood or marriage, former spouses, parents of the same child, and certain foster relationships.
Family violence: Under § 71.004, family violence includes certain acts or threats involving physical harm, bodily injury, assault, or sexual assault. It also encompasses specified child abuse and dating violence.
Dating violence: Under § 71.0021, dating violence involves qualifying acts or threats connected to a current or former dating relationship, including certain situations involving a third party.
Household: Under § 71.005, a household consists of people living together in the same dwelling, regardless of whether they are related.

Family violence does not include lawful defensive measures taken to protect oneself.

Real Terroristic Threat Cases in Travis County

Charge: Misdemeanor Terroristic Threat, Travis County
Timeframe: Five and a half months
Court: Travis County Court at Law No. 6

Details: A client was charged with making a terroristic threat against a coworker during an argument. Although the client acknowledged making the statement to police, the evidence supporting the criminal charge was weak. Michael & Associates handled the outstanding warrant and court proceedings.

Outcome: Dismissal

Additional Resources

Texas Penal Code § 22.07: The official Texas statute defines the elements and classifications of terroristic threat offenses.
Texas Family Code Chapter 71: The official Family Code defines family violence, dating violence, family relationships, and households.
Texas Attorney General: The Office of the Attorney General provides information about crime victims' rights and family violence resources.

Contact Michael & Associates Today

A heated argument, threatening text, or misunderstood statement can put your freedom and reputation at risk. What you said, what you meant, and what prosecutors can actually prove may tell very different stories.

At Michael & Associates, an experienced senior criminal defense attorney always handles your case. You're never passed off to a junior associate learning on the job (we don’t have any).

We represent clients in Travis, Williamson, Hays, Bastrop, and Caldwell counties, including Round Rock, Cedar Park, Pflugerville, Georgetown, and San Marcos. Michael & Associates was also recognized as "Best Law Firm" in the 2026 Best of ATX Awards, a readers' choice competition voted on by readers of the Austin American-Statesman and Austin Monthly.

Contact Michael & Associates today for a free, confidential consultation.