Can you be arrested for threatening someone?

Asked over 5 years ago - Houston, TX

There is no recordings or evidence of the threats. It's just one person's word against another.

Additional information

The person that is being accused is on probation.

Attorney answers (2)

  1. Paul Holt Walcutt

    Contributor Level 16

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    Answered . Absolutely; here in Texas it's known as making a Terroristic Threat. Texas Penal Code 22.07(a)(2) states that a "person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to ... place any person in fear of imminent serious bodily injury." (Based on the limited details you have provided, this is most likely the relevant section.) This crime is a Class B misdemeanor (up to 6 months in jails and/or a $2,000 fine) unless the threatened party is a family or household member (or otherwise would be covered by State's domestic violence definitions) or is a peace officer, then it's a Class A misdemeanor (up to 1 year in jail and/or $4,000 fine).

    This kind of evidence is sufficient to arrest someone and sufficient to convict them. We might want some sort of other evidence that verifies what a person can only prove through their oral testimony, but that is all the law requires. There doesn't have to be a recording or testimony by a third party. Whether or not the judge or jury believes the accuser or the suspect is a entirely different thing.

    However, because the accused is on probation, this can get much, much more serious, especially if that person is on probation for some type of domestic violence-related offense against the same victim. The standard of proof in a probation revocation hearing is much lower than in a trial and even though a person may be able to prove their innocence at the new trial, they may unsuccessful at the revocation hearing. Also, the prior conviction can be used against a person by the prosecution in the new case to discredit your testimony (if they do in fact testify). You should contact a local defense lawyer who is experienced in handling family violence cases ASAP.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

  2. Alan James Brinkmeier

    Contributor Level 20

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    Answered . Yes. It's called Communicating Threats in some states and it's a misdemeanor (I do not know what it would be called in TX as I am in Chicago, IL). I know it is covered in the penal code in some states.

    Good luck to you.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an atttorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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