If your son, daughter, spouse, or another loved one has been arrested for terroristic threats in Texas, you’re probably panicking and frantically searching for answers. Terroristic threat charges are serious felony offenses that can result in years in prison, but an arrest is not a conviction — and there are immediate steps you can take to protect them.
Immediate steps for family members:
- Contact an experienced terroristic threats assault attorney in Houston immediately
- Find out where they’re being held and their booking information
- Understand bail options and requirements
- Avoid discussing case details over recorded jail phone calls
- Don’t post anything about the arrest on social media
Steps for your loved one once released:
- Exercise the right to remain silent
- Avoid contact with the alleged victim
- Begin gathering evidence and character references
- Follow all bail conditions strictly
Attorney Mark Thiessen has built his reputation defending serious charges in Texas and knows how to challenge weak evidence, expose police mistakes, and fight for dismissals. Don’t face this nightmare alone — call Thiessen Law Firm immediately at (713) 864-9000 for the aggressive defense your loved one deserves.
What is a terroristic threat?
Under the Texas penal code terroristic threat laws (Section 22.07), a person commits the offense of making a terroristic threat if they threaten to commit any offense involving violence to any person or property with intent to:
- Place any person in fear of imminent serious bodily injury
- Prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, or aircraft, automobile, or other form of conveyance
- Causes impairment or interruption of public communications, public transportation, public water, gas, or power supply, or other public service
- Place the public or a substantial group of the public in fear of serious bodily injury
- Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state
What makes these cases particularly challenging is that terroristic threats don’t require any actual ability to carry out the threat or even any intention to follow through. The offense focuses on the intent behind making the statement, not whether the person could actually commit the threatened act. This means that even seemingly empty threats made during emotional moments can result in serious felony charges.
Common situations that lead to terroristic threat arrests in Texas include workplace disputes, school incidents, domestic arguments, road rage incidents, and social media posts. What many families don’t realize is that these charges can stem from statements that were never meant to be taken seriously or were made during moments of extreme emotional distress.
Continue reading: Is threatening someone illegal?
How long is a sentence for threats of terrorism?
The penalties for terroristic threats in Texas are severe and life-altering. This is because terroristic threats are typically charged as third-degree felonies in Texas, which carry:
- 2 to 10 years in state prison
- Fines up to $10,000
- A permanent felony record
And this sentence can even be enhanced, under certain circumstances. If the threat was made against a public official, law enforcement officer, or involved a school or public building, prosecutors may seek enhanced penalties. Additionally, if your loved one has prior criminal convictions, they could face significantly longer sentences under Texas’s habitual offender laws.
Additional penalties
Beyond prison time, a terroristic threat conviction carries collateral consequences similar to the ones that come with the penalties for assault in Texas that can devastate your family member’s future:
- Employment barriers
- Housing difficulties
- Professional license restrictions
- Educational limitations
- Loss of voting rights
- Gun ownership prohibition
The harsh reality is that once your loved one is convicted, these penalties become a reality that will follow them for the rest of their life. The time to act is now, while there’s still an opportunity to challenge the evidence, negotiate with prosecutors, or potentially get the charges dismissed entirely.
What to do if your loved one is accused of making a terroristic threat
1. Contact an experienced terroristic threats assault attorney in Houston immediately
The single most important thing you can do right now is hire an attorney with experience defending terroristic threat cases. These charges are complex, and the consequences are too severe to trust to a general practice lawyer or public defender who may be handling dozens of cases simultaneously.
An experienced terroristic threats attorney understands the ins and outs of the laws on terroristic threat in Texas, knows how prosecutors build these cases, and can immediately begin investigating potential defenses. Don’t wait until tomorrow or next week — every hour that passes without legal representation is a missed opportunity to protect evidence and build a strong defense.
2. Find out where they’re being held and their booking information
Once you know your loved one has been arrested, your first priority is locating them within the jail system and obtaining their booking information. Call the jail directly or check the facility’s online inmate search system to confirm their location, booking number, charges filed, and court date if one has been set.
Keep in mind that it can sometimes take several hours after arrest for someone to appear in the booking system, so don’t panic if you can’t find them immediately. Once you have this information, provide it to your attorney so they can begin requesting discovery materials and potentially arranging a jail visit.
3. Understand bail options and requirements
Bail procedures for terroristic threat charges can be confusing, and the dollar amounts can vary significantly depending on the specific allegations, your loved one’s criminal history, and the judge assigned to the case. Work closely with your attorney to understand whether bail is likely to be granted, what amount you should expect, and what conditions might be imposed as part of their release.
These conditions often include no contact with alleged victims, surrendering firearms, and attending all court dates. Be prepared to provide collateral or work with a bail bondsman if necessary, and understand that violating any bail conditions can result in immediate re-arrest.
4. Avoid discussing case details over recorded jail phone calls
Every phone call your loved one makes from jail is recorded and can be used as evidence against them in court. Prosecutors routinely review these recordings looking for admissions, contradictory statements, or anything that might strengthen their case. Instruct your family member to never discuss what happened, their version of events, or any details about the case during jail phone calls. Keep conversations limited to basic needs, family updates, and expressions of support. Even seemingly innocent statements can be taken out of context and twisted by prosecutors, so it’s better to say nothing about the case at all.
5. Don’t post anything about the arrest on social media
Prosecutors and law enforcement regularly monitor social media accounts of defendants and their family members looking for evidence. Anything posted on Facebook, Instagram, Twitter, TikTok, or any other platform can potentially be discovered and used against your loved one in court.
This includes not just posts about the case itself, but also photos, check-ins, or comments that might contradict their defense or show them in a negative light. Ask all family members and friends to avoid posting about the arrest, the charges, or anything related to the case until it’s fully resolved.
After release: Next steps for the accused
1. Exercise the right to remain silent
One of the most crucial mistakes people make after being released on terroristic threat charges is thinking they can talk their way out of trouble by explaining their side of the story to police or investigators. The reality is that anything said to law enforcement — even statements meant to clarify or defend — can and will be used against them in court.
Police may contact the accused claiming they just want to “clear up a few details” or suggesting that cooperation will help their case, but this is never true when facing a charge of terroristic threats. The constitutional right to remain silent exists specifically to protect people from self-incrimination, and exercising this right cannot be used against them at trial. The accused should politely but firmly decline to speak with any law enforcement officers and immediately contact their attorney if approached.
2. Avoid contact with any alleged victims
Any attempt to contact any alleged victims — whether to apologize, explain, or even just to check on their wellbeing — can result in additional charges and will almost certainly be used by prosecutors to strengthen their case. This includes direct contact through phone calls, text messages, emails, or social media, as well as indirect contact through friends, family members, or social media posts that the victim might see.
Even if a no-contact order has not been issued as part of bail conditions, prosecutors can argue that any contact shows ongoing threatening behavior or an attempt to intimidate a witness. If someone has been falsely accused of assault or terroristic threats, the natural instinct may be to reach out and try to resolve the misunderstanding, but this will only make the legal situation worse and should be avoided entirely.
3. Begin gathering evidence and character references
Building a strong defense requires collecting evidence and documentation that can help establish innocence, provide context for the alleged incident, or demonstrate good character. This includes gathering:
- Text messages
- Emails
- Social media posts
- Photos
- Videos
- Any other digital evidence that might be relevant to the case
Employment records, medical records, educational transcripts, and letters of recommendation from employers, teachers, coaches, or community leaders can all be valuable in showing that the accused is not the type of person who would make genuine threats.
Unlike Texas assault cases where physical evidence might be limited, terroristic threat cases often involve extensive digital communications and witness testimony that must be preserved quickly before it’s deleted or lost.
4. Follow all bail conditions strictly
Violating any condition of bail — no matter how minor it might seem — can result in immediate re-arrest, revocation of bail, and significantly damage the defense case by making the accused appear untrustworthy or dangerous to the court. Common bail conditions for terroristic threat cases include:
- Regular check-ins with pretrial services
- Maintaining employment or enrollment in school
- Avoiding alcohol or drugs
- Surrendering firearms
- Attending all court dates
- Staying within certain geographic boundaries
Some conditions may seem excessive or unfair, but arguing about them or failing to comply will only make the situation worse. The accused should work closely with their attorney to understand exactly what is required, set up systems to ensure compliance, and immediately report any potential violations or problems to their lawyer before they become bigger issues.
Can a terroristic threat charge be dropped?
Yes, terroristic threat charges can absolutely be dropped, and this happens more often than many families realize. Unlike facing charges for Texas aggravated assault with a deadly weapon, or similar charges in which there’s often clear physical evidence, terroristic threat cases frequently rely on subjective interpretations of statements, context, and intent — making them vulnerable to strong legal challenges.
Prosecutors may agree to drop terroristic threat charges for several reasons:
- Lack of sufficient evidence: If the prosecution can’t prove the specific intent required under Texas law, or if the evidence is weak or contradictory, they may dismiss the case rather than risk losing at trial.
- Constitutional violations: If police violated your loved one’s rights during the investigation, arrest, or interrogation, critical evidence may be suppressed, leaving prosecutors without a viable case.
- Witness problems: Many terroristic threat cases depend heavily on witness testimony, and if key witnesses become unavailable, uncooperative, or their credibility is questionable, the case may collapse.
- Prosecutorial discretion: Sometimes prosecutors recognize that pursuing charges isn’t in the interest of justice, particularly in cases involving mental health issues, misunderstandings, or first-time offenders.
- Successful plea negotiations: An experienced attorney may be able to negotiate with prosecutors to reduce charges to lesser offenses or secure dismissal in exchange for counseling, community service, or other conditions.
Remember, the prosecution has the burden of proving every element of the offense beyond a reasonable doubt. When an experienced terroristic threats attorney thoroughly investigates the case and aggressively challenges the evidence, charges are dismissed far more often than most people expect.
Fight back against terroristic threat charges with Thiessen Law Firm
Terroristic threat charges are among the most serious offenses in Texas, carrying the potential for years in prison and devastating consequences that can follow your loved one for the rest of their life. But an arrest is not a conviction, and with the right attorney in their corner, these charges can be challenged, reduced, or even dismissed entirely.
Attorney Mark Thiessen and the team at Thiessen Law Firm have built our reputation defending clients against the most serious charges in Texas. We understand the fear and confusion your family is experiencing right now, and we know exactly how to investigate these cases, challenge weak evidence, and fight for the best possible outcome. With our aggressive defense strategies and deep knowledge of Texas criminal law, we’ve helped countless families through these terrifying situations, allowing them to emerge with their loved one’s freedom intact.
Call our firm immediately at (713) 864-9000 — because when everything is on the line, your loved one deserves nothing less than the most aggressive and experienced defense available.
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