CHARGED WITH A TERROR-RELATED THREAT?
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Have You Been Charged with Terroristic Threats in Dallas, Texas?
Have you or a loved one been charged with terroristic threats in Dallas, Texas or surrounding areas and are looking for a top terroristic threat defense lawyer? If so, it is critically important to you and your loved ones future that you learn more about what next steps you should take to protect yourself.
One important step is to reach out to a qualified, experienced, winning terroristic threat defense lawyer in Dallas like Gregg Gallian at Gallian Defense Firm, who will provide a free consultation and case review.
Terroristic threatening is a serious crime that can result in potentially disastrous consequences if convicted.
What is Terroristic Threatening?
Terroristic threatening is significantly more severe than a simple assault charge. Terroristic threatening is the allegation that an individual threatened to commit a violent act in an effort to intentionally cause a disturbance, upset, or frighten others.
Elements of a Terroristic Threat
- Terroristic threats could be conducted in writing, digitally, and/or verbally.
- Word, actions, or behaviors that intended to disturb, interrupt, terrorize, and/or cause fear to another person, organization, or the public.
- Threat is specific and could not be misunderstood or vague.
An individual could face charges of terroristic threatening in several different instances. For example, intentionally causing another person(s) to fear serious bodily injury could be considered terroristic threatening.
Difference Between Assault and Terroristic Threats
The definitions of assault and terroristic threats are very similar, and the differences can be confusing. This is because the stipulations that are noted in the Texas Penal Code also define assault as alleged fear-inducing threats of bodily harm to another individual.
The difference between terroristic threatening and assault lies in the defendant’s intent. The prosecution will need to prove that the defendant made these threats with the intent to cause panic or harm.
Although similar, differentiating between the two crimes is critical due to the increased penalties for terroristic threatening. A good criminal defense attorney can fight to prove that an individual’s actions and words did not meet the definition of the intent required to be convicted of terroristic threatening.
How Are Terroristic Threat Crimes Assessed?
Allegations of terroristic threatening can potentially range from a low-level misdemeanor to serious felony convictions. There are several factors involved in how the severity of these charges is assessed.
Threat Factors Include:
- Title of the Defendant
- Relationship with the Victim(s)
- Number of Individuals Threatened
- Severity of Threats
- Resulting Damages
Charges could be lowered to a low-level misdemeanor if your terroristic threat defense lawyer can prove that the alleged threats were not terroristic in nature.
Misdemeanor Terroristic Threats
The lowest level charge for terroristic threatening is a Class B misdemeanor offense. These charges may be elevated to Class A Misdemeanors or even felony charges if certain circumstances are present.
Terroristic Threat Applies in Circumstances During Which:
1. An official or volunteer agency makes any type of threat that causes a reaction.
2. An individual makes threats that place another person in fear of serious bodily injury.
The prosecution will only need to prove that one of these circumstances of intent existed for a conviction of terroristic threatening.
Enhanced Misdemeanor Charges
Terroristic threats that are made against a family member or a public official are automatically considered Class A misdemeanor charges.
A Class B misdemeanor conviction could result in up to 6 months in jail and/or fines of up to $2000.
A Class A misdemeanor could result in up to 1 year behind bars and fines of up to $4000.
Felony Terroristic Threats
An individual may face felony level terroristic threats if a large group of people are affected by their threats.
Felony Threats Include:
1. The prevention or interruption of the use of a building or room that should be publicly accessible. For example, place of employment, an aircraft, automobile, or other public places.
2. Impairment or interruption of public communications,
transportation, or public services, including water, gas, power supply, etc.
3. Placing the public or a substantial-sized group of people in serious of serious bodily injury.
4. Influencing the activities and/or conduct of government branches and/or agencies on the state or federal level.
State Jail Felony
Interruption of a public area that causing $1500 or more in damages or causing fear to a public official or judge is a state jail felony. A state jail felony charge of terroristic threatening carries a penalty of anywhere from 180 days to 2 years behind bars and up to $10,000 in fines.
3rd Degree Felony
Any terroristic threats involving interruption of public services, large groups of people, and/or government influence are charged as a 3-degree felony. A 3rd Degree felony conviction could result in sentencing of anywhere from 2 to 10 years in prison and fines of up to $10,000.
1st Degree Terroristic Threatening
1st Degree terroristic threatening is the most severe charge that an individual could face for making verbal or/written threats. These cases generally involve serious threats. For example, threats to commit mass destruction inside a school or government building.
A conviction for 1st Degree terroristic threatening could result in decades of imprisonment, with terms ranging from 20-99 years behind bars.
Federal Terroristic Threat Defense Lawyer
Under Federal law, or more specifically:25 CFR § 11.402 – Terroristic threats are defined as “(he or she) threatens to commit any crime of violence with purpose to terrorize another or to cause evacuation of a building, place of assembly, facility of public transportation, or otherwise to cause serious public inconvenience or in reckless disregard of the risk of causing such terror or inconvenience.
Gregg Gallian is an experienced federal criminal defense attorney who will aggressively defend you. His experience will serve you in protecting yourself. One of the important areas your federal defense lawyer will present to you are strategies for your defense.
Strategies for Terroristic Threatening Defense
The two most commonly utilized defense strategies for terroristic threats include the denial that the terroristic threat occurred and/or lack of terroristic intent.
Absence of Threat
A defense of the absence of the occurrence of an alleged terroristic threat is best strategy to utilize when little evidence exists in the prosecution’s case. Words could be misinterpreted. Terroristic threatening involves a clear and evident threat to have occurred. The prosecution would need to prove that a terroristic threat took place.
Lack of Intent
The prosecution must prove intent to secure a conviction for terroristic threatening. Threats are not terroristic in nature if there is not evident intent. Utilizing this defense strategy could lessen serious allegations of terroristic threatening to a low-level misdemeanor assault charge.
Gallian Defense Firm will Defend You Against Charges of Terroristic Threatening
Terroristic threats are a violent crime that may result in long-term consequences and damages to your criminal record. A bold and experienced criminal defense attorney is the key to building a strong case.
If you are facing charges for terroristic threats in Dallas or surrounding areas, allow an experienced criminal defense lawyer to fight for you.
Gallian Defense Firm could potentially have these charges dropped or lessened by building a strong defense case. It is imperative if you have been charged with terroristic threatening that you reach out and call (214) 432-8860 as soon as possible for a free case review and consultation with Gallian Defense Firm. Contact Gallian Defense Firm today.