Terroristic Threat Against a Family Member in Texas | Houston Attorney

A terroristic threat against a family member in Texas is a Class A misdemeanor — and, like any family-violence allegation, it carries consequences far beyond the sentence itself, including protective orders and firearm restrictions. Because the crime punishes the threat and not any intent or ability to carry it out, these charges very often grow out of heated arguments where angry words were never meant literally.

If you or a loved one has been charged in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.07, a terroristic threat that places a person in fear of imminent serious bodily injury is a Class B misdemeanor, elevated to a Class A misdemeanor when the person threatened is a family or household member or someone in a dating relationship. The State must prove you made the threat with the intent to place the person in fear of imminent serious bodily injury — not that you intended or were able to act on it.

Penalty Range

Circumstance	Offense Level	Punishment
Threat causing fear of imminent serious bodily injury	Class B Misdemeanor	Up to 180 days jail; up to $2,000 fine
Against a family/household member or dating partner	Class A Misdemeanor	Up to 1 year jail; up to $4,000 fine

A family-violence finding follows you

Even as a misdemeanor, this charge can trigger a protective order, an affirmative finding of family violence, and firearm restrictions under state and federal law, and it can affect custody. Avoiding that finding is often as important as avoiding jail.

How These Cases Are Defended

Not a genuine threat. Hyperbole, conditional statements, and venting in an argument frequently fall short of a real threat of imminent serious bodily injury.
No required intent. The State must prove you specifically intended to place the person in fear.
No actual fear. Whether the family member was genuinely placed in fear can be contested.
False or exaggerated allegations. These charges are common in breakups and custody disputes; we expose motive and inconsistency.
Avoiding the family-violence finding. Where a conviction cannot be avoided entirely, we work to resolve the case without an affirmative family-violence finding and its firearm and custody consequences.

Collateral Consequences

A family-violence terroristic-threat conviction can cost you your firearm rights under state and federal law, appear on background checks, and affect employment and custody. Keeping the charge off your record — and avoiding a family-violence finding — is usually the central goal.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with a terroristic threat against a family member in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

Is a terroristic threat against a family member a felony?

Usually it is a Class A misdemeanor, not a felony. Under Texas Penal Code § 22.07, a threat that places a person in fear of imminent serious bodily injury is a Class B misdemeanor, but it is elevated to a Class A misdemeanor when made against a family or household member or someone in a dating relationship. Certain aggravating facts can raise it to a felony.

What makes it a family-violence case?

When the person threatened is a spouse, ex, dating partner, family member, or household member, the offense is treated as family violence. That means it can support a protective order, firearm restrictions, and an affirmative finding of family violence — consequences that reach well beyond the criminal penalty itself.

What is the punishment for terroristic threat against a family member?

As a Class A misdemeanor, it is punishable by up to one year in county jail and a fine up to $4,000. Beyond the sentence, a family-violence finding carries collateral consequences for your gun rights, your job, and any custody matters — which is why these cases should never be handled without an attorney.

Do I have to have meant to carry out the threat?

No. The offense punishes making a threat with the intent to place the person in fear of imminent serious bodily injury, not the ability or plan to follow through. Angry words, hyperbole, and venting during a heated argument are frequently charged this way, and context is often the strongest defense.

Can the alleged victim drop the charge?

No. In Texas the State, not the complaining witness, decides whether to prosecute. Even if the family member recants or asks to drop it, the prosecutor can proceed using the 911 call, texts, and officer testimony — so you need your own attorney working the case from the start.

Terroristic Threat — Family Member