Can I be Charged with Assault for Threatening Someone in Texas?

Can I be Charged with Assault for Threatening Someone in Texas?

Most people believe assault charges in Texas require physical contact, injury, or a violent act. In reality, Texas law allows prosecutors to file assault charges even when no one is touched, no injury occurs, and a threat is never carried out. Verbal threats, intimidating gestures, or actions that cause another person to fear imminent harm can result in an arrest and a criminal record.

These cases often arise from arguments, misunderstandings, emotionally charged moments, or statements made in anger — not from actual violence.

Texas assault law is broad, and police often err on the side of arrest when someone claims fear or intimidation. Understanding what qualifies as a threat, how intent is evaluated, and what defenses apply is critical for anyone facing this type of charge.

With over 105 years of combined criminal defense experience, the team at Fulgham Hampton Criminal Defense Attorneys regularly defends individuals accused of threat-based assault in Fort Worth, Arlington, Southlake, Bedford, Weatherford, and throughout Tarrant County.

Reach out to a trusted Fort Worth assault lawyer today to protect your rights—call Fulgham Hampton Criminal Defense Attorneys for a confidential consultation.

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Key Takeaways

• Texas allows assault charges for threats even without physical contact or injury.
• Threatening someone can be a Class C, Class B, or Class A misdemeanor — or a felony if certain relationships or factors apply.
• The key legal phrase is “threatens another with imminent bodily injury.”
• The alleged victim must reasonably believe they are in immediate danger, but no harm has to occur.
• Gesture-based threats (fists raised, reaching for an object, charging forward) can lead to charges.
• Domestic violence laws apply to threat-based assault if the parties have a qualifying relationship.
• Many cases are based on misunderstandings, exaggerated accusations, or statements made during heated arguments.

What Counts as a “Threat” Under Texas Law?

Threats are not always spoken out loud. Texas courts allow assault charges based on words, behavior, or implied conduct that makes another person fear harm.

Examples of Threats That May Lead to Charges:

• Raising a fist and stepping toward someone
• Reaching into a pocket as if grabbing a weapon
• Shouting aggressively from close range
• Saying something threatening during an argument
• Following someone in a confrontational manner
• Blocking someone’s path while threatening harm
• Sending messages that imply immediate danger

The law requires imminence, meaning the threat must suggest a present or immediate risk. Saying “One day I’ll get you” usually does not qualify.

However, many arrests happen because an officer believes the situation might escalate, even if the threat was misinterpreted or exaggerated. The defense team evaluates whether the alleged threat was actually imminent, intentional, or reasonably perceived.

Assault by Threat in Domestic or Family Violence Cases

Threat-based assault becomes more serious when the alleged victim is:

• A spouse or ex-spouse
• A dating partner
• A family member
• Someone living in the same household
• The parent of the accused person’s child

In these situations, the case is classified as Assault Family Violence, even if no physical contact occurred.

This can lead to:

• Class A misdemeanor charges
• Orders of protection
• Loss of firearm rights
• Difficulty with employment or licensing
• Enhanced penalties for future allegations

Even a minor threat or argument can be misinterpreted by neighbors, police, or the alleged victim. Because domestic cases involve heightened police scrutiny, arrests often occur quickly, even when no violence occurred.

Fulgham Hampton Criminal Defense Attorneys approach these cases with a team-focused strategy, examining relationship history, communication patterns, witness statements, and any evidence of self-defense or mutual confrontation.

Common Scenarios That Lead to Threat-Based Assault Charges

Threat-based assault charges often arise from ordinary disagreements, emotional reactions, or moments of frustration. Many individuals charged with this offense never intended to cause harm.

Examples of Common Scenarios:

• Arguments That Escalate: Heated disputes between partners, relatives, neighbors, or coworkers often lead to allegations based solely on emotion.
• Road Rage Incidents: Yelling, aggressive gestures, or perceived threats during traffic disputes frequently lead to arrest.
• Bar, Party, or Social Conflicts: Miscommunications in crowded settings can lead bystanders to call police.
• Political or Verbal Disputes: Even if no violence occurs, someone who feels threatened may make an allegation.
• Misinterpreted Behavior: A raised voice, step forward, or defensive movement may appear threatening to an observer.
• Mutual Confrontation:
• Both parties may accuse each other, and police often arrest one person to “separate” the parties.

Many accusations lack context, misrepresent what happened, or stem from witnesses who misunderstood the interaction. The defense team cross-examines each element to determine whether a threat actually occurred under Texas law.

Penalties for Threatening Someone: How Serious Are These Charges?

Threat-based assault penalties vary based on the circumstances, the relationship between the parties, and the presence of enhancements.

Typical penalties include:

Class C Misdemeanor (lowest level)

• Threat without physical contact
• Fine up to $500

Class A Misdemeanor (more serious)

Often applied in domestic violence cases

• Up to 1 year in jail
• Up to $4,000 in fines
• Possible protective order
• Firearm possession restrictions

Felony Charges

Threat-based assault can become a felony when:

• The accused has prior family violence convictions
• The alleged victim is elderly, disabled, or a public servant
• A deadly weapon is involved
• The threat is part of stalking or continuous violence allegations

Even a misdemeanor can carry lifelong consequences. Felony charges can destroy careers, housing opportunities, and civil liberties.

Fulgham Hampton Criminal Defense Attorneys uses its 105+ years of combined criminal defense experience to argue for dismissals, reductions, or alternative resolutions when possible.

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How Police Decide Whether a Threat Counts as Assault

Threat-based assault charges are often shaped by the officer’s interpretation of the situation rather than clear evidence. Texas law gives officers broad discretion, which leads to frequent misunderstandings and unnecessary arrests.

Factors Officers Commonly Consider:

• Tone and volume of the accused person
• Physical positioning, such as stepping forward or cornering someone
• Witness statements, even if biased
• Prior calls to the same address
• Whether the accused appeared angry, aggressive, or intoxicated
• Whether the alleged victim appeared fearful or emotional
• Environmental context, including a loud or chaotic scene

Officers rarely witness the threat firsthand. Instead, they rely on:

• Second-hand accounts
• Emotionally charged statements
• One-sided narratives
• Their own assumptions about danger
• Pressure to "de-escalate" the situation by making an arrest

This means many people are charged even when no crime occurred. A gesture may be interpreted as aggression, a loud voice may be viewed as a threat, and a neighbor may report a “disturbance” without understanding what happened.

Fulgham Hampton Criminal Defense Attorneys reviews body camera footage, 911 audio, and witness statements to expose inconsistencies and determine whether the arresting officer overreacted or misapplied the law.

Social Media, Text Messages, and Electronic Threats

Threats are not limited to in-person encounters. Texas law allows assault by threat charges when threats are communicated electronically — if they suggest imminent harm.

Electronic communications that may trigger charges:

• Text messages implying immediate violence
• Threats sent through social media platforms
• Voice messages expressing anger or intimidation
• Video calls where threatening gestures are made
• Group chats where someone claims imminent harm

However, not all digital threats are legally valid. Imminence is still required.

Valid Threat Examples:

• “I’m outside your house, come out now or else.”
• “I’m coming to your job right now to hurt you.”

Not Usually Valid:

• “One day I’ll get you.”
• “Next time you mess with me, it’s over.”
• Song lyrics, memes, or sarcasm misunderstood as threats
• Vague or non-specific statements

Context is everything. Tone, timing, and surrounding circumstances are critical in determining whether the communication truly created fear of immediate harm.

The defense team investigates digital metadata, screenshots, message history, and communication patterns to determine whether the accusation was exaggerated, out of context, or taken literally when it shouldn’t have been.

When Threats Become Felony Charges in Texas

Most threat-based assault cases are misdemeanors — unless aggravating factors raise the charge to a felony.

Felony Assault by Threat Situations Include:

• Prior Family Violence Conviction: A second offense involving a family or household member may be charged as a felony.
• Use or Display of a Deadly Weapon: Threats made with a weapon (or object believed to be a weapon) elevate the offense dramatically.
• Threats Against Public Servants: Police officers, firefighters, EMTs, judges, and certain government employees receive enhanced protections.
• Threats Against Elderly or Disabled Individuals: Texas imposes harsher penalties when vulnerable individuals are involved.
• Threats Part of Stalking or Continuous Violence: Repeated threats or long-term harassment can raise the charge to third-degree or even second-degree felony levels.

Felony convictions carry:

• Prison time
• Long-term firearm restrictions
• Difficulty obtaining employment or housing
• Lifelong criminal record consequences

Fulgham Hampton Criminal Defense Attorneys evaluates every enhancement to determine whether it legally applies or whether the prosecution is overreaching based on emotion rather than fact.

How the Fulgham Hampton Defense Team Fights Threat-Based Assault Charges

Threat-based assault cases require a defense strategy that focuses on precision, credibility, and context. Because these cases often hinge on subjective interpretation, the defense must carefully dissect the story from every angle.

The firm’s team-driven approach uses the combined insight of multiple attorneys to examine:

• The Full Context of the Encounter: Arguments often involve mutual escalation, misunderstandings, or exaggerated claims.
• The Alleged Victim’s Credibility: Motive, emotional state, inconsistencies, or biases may undermine the accusation.
• Police Bodycam and 911 Evidence: This may contradict or soften the alleged threat.
• The Lawfulness of the Arrest: If officers acted without proper legal justification, the case may be dismissed.
• The Exact Words Used: Courts distinguish between genuine threats and angry expressions.
• Witness and Bystander Testimony: Conflicting or unclear accounts strengthen the defense.
• Forensic and Digital Evidence: Texts, messages, video, and audio may be misinterpreted or incomplete.
• Negotiation or Pretrial Intervention Options: First-time offenders may qualify for resolutions that avoid conviction.

With over 105 years of combined criminal defense experience, the Fulgham Hampton team ensures every possible defense is explored, every angle scrutinized, and every constitutional protection enforced.

Defenses to Threat-Based Assault Charges

Texas law gives the accused multiple avenues of defense depending on what happened. Common defenses include:

• No Imminent Threat: The prosecution must show immediate danger — not future harm or vague anger.
• No Intent to Threaten: Words said in frustration without actual intent to scare may not qualify as an assault.
• Mutual Confrontation: Both parties may have contributed equally to the dispute.
• Exaggerated or False Accusations: Assault by threat cases often involve personal bias, revenge, or emotional reactions.
• Self-Defense or Defense of Others: Defensive behavior can appear threatening but may be legally justified.
• Unreliable Witness Statements: Conflicting accounts can create reasonable doubt.
• Lack of Reasonable Fear: If the alleged victim could not reasonably fear imminent harm, the charge may not stand.

A team approach allows Fulgham Hampton Criminal Defense Attorneys to evaluate all angles, review digital evidence, analyze police reports, and construct a unified defense strategy.

Contact Fulgham Hampton Criminal Defense Attorneys

Threat-based assault allegations can damage your reputation, employment, and future — even when no physical contact occurred. 

Texas law allows serious penalties for threats, and misunderstandings often lead to arrests that should never have happened. If you or a loved one is accused of making a threat, you need experienced legal support immediately.

Fulgham Hampton Criminal Defense Attorneys brings more than 105 years of combined criminal defense experience, handling assault and family violence allegations throughout Fort Worth, Bedford, Arlington, Southlake, Weatherford, and Tarrant County. 

The firm’s team approach ensures every case receives a strategic, collaborative, and detail-driven defense.

To discuss your case and protect your rights, speak with an experienced Fort Worth criminal defense lawyer at Fulgham Hampton Criminal Defense Attorneys by calling (817) 877-3030.

Schedule a Free Consultation