Criminal Law Questions? Ask a Criminal Lawyer.
so have you been charged with anything? how old are you and this girl - how do you know each other
well, you can file a police report in the same manner that you felt threatened - however, the fact that you responded in the manner you did may be used against you further as in if you were so threatened why did you respond, why not file the police report then. so i am just pointing that out to you.
as to you statements, it never used to be that such words were criminal. however, nowadays there are charges such as "terroristic threats" and you could be charged with that.
here is the TX law
§ 22.07. TERRORISTIC THREAT.
(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;(2) place any person in fear of imminent serious bodily injury; (3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;(5) place the public or a substantial group of the public in fear of serious bodily injury; or(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.(b) An offense under Subsection (a)(1) is a Class B misdemeanor. (c) An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:(1) is committed against a member of the person's family or household or otherwise constitutes family violence; or(2) is committed against a public servant. (d) An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.(e) An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.(f) In this section: (1) "Family" has the meaning assigned by Section 71.003, Family Code. (2) "Family violence" has the meaning assigned by Section 71.004, Family Code.(3) "Household" has the meaning assigned by Section 71.005, Family Code. (g) For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.
if messages are continued after being told to not have contact that is harassment. your use of the words guns and knives have placed you in a position where you can be charged as i described.
you do not have to talk to the police, if they investigate without have a local attorney present. it is possible the police will come to question you and will warn you to have no further contact. however, if you do own a gun then they could take this very seriously.
honestly, i don't see how it is helpful for you to file a report. but you certainly can file one.
the worst case scenario is you would be sentenced to a jail term as a penalty for a Class B misdemeanor - which is 6 months to 2 years.
the best case scenario, which is probably what will happen is you will be placed on probation and have to attend some sort of anger management course and perhaps do community service. this is more likely if this is a first offense.
if you are charged you can consider pleading not guilty and then using the TM exchange as part of your defense.
well, that is up to the police to determine if she has filled out the statement of charges properly wherein the police could declare probable cause for the Terroristic Threats.
as i stated, it used to be that way all the time - a threat was not actionable - there had to be some other behavior - and then it changed as you can see by the law i provided. so if the police told you that, then it appears they are not going to proceed and it could be because she did not make the report properly
if the police are not going to charge, then you will not need an attorney. however, you mght want to consult with a local criminal defense attorney so if you are charged they are up to speed
it's alright to have this Q&A, i want to make sure you understand everything.
if she files a report, then the police will come and want to question you in the matter - for instance, they may ask if you are in possession of any guns or other weapons - you do not need to talk to them without an attorney present. however, if they have enough probable cause without comment from you then can arrest you whether you cooperate or not. they also could come with a search warrant to see if you have any guns in your home.
this is a pretty serious misdemeanor. i don't want to alarm you but there is a possibility that an arrest could happen.
what makes this so serious is your TM wherein you used the words "guns and knives" even though you said you would not do it because you dont want to go to jail. the use of those words gives her the basis for saying she feels in fear of imminent serious bodily injury - as the law states under A(2)
as a last question, what do you recommend for me to do? Any tips to only be fined and not convicted? or is it really up to the court?
i cannot really give an recommendations other than what i have informed you already. i cannot tell you to plead guilty or not guilty - only what i have laid out for you already as your options and the potential consequences.
you will need to re-read what i suggested you consider and then decide -
convictions are up to the District Attorney - and they also can recommend a sentence. however, a local attorney could very well negotiate a plea agreement for you - as i stated on a first offense, i don't see where jail time would be imposed.
whatever it is you decide, i wish you good luck with everything. i am sure it will all work out - you just need to see what all the possible scenarios are and i believe we covered them all
however if you have further questions, please follow up here so i can try to give you the information for you to make an informed decision.
a police report is simply that - a report that stays on file.
a conviction is a record - and you can only be convicted by a court.
you're welcome. GL
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