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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22506
Experience:  Handle criminal matters in both state and federal courts.
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ok so this girl and I have been sending messages back and forth

Customer Question

ok so this girl and I have been sending messages back and forth about personal issues, she mentioned next time she sees me its on and to be ready, i felt threatened so i told her that i next time we saw each other i was gonna turn my other cheek to her n i i know how to use guns and knives but i wasnt gonna cause i wasnt gonna go to jail over it, she felt threatened now n got a police involved, what can i do? what are my rights? what could happen to me? and to her?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.

hi

 

so have you been charged with anything? how old are you and this girl - how do you know each other

Customer: replied 4 years ago.
I'm 25 years old and I think she is 21, we used to work in the same place but really didn't get to know each other well, my husband befriended he, I told him to syop talking to her and as soon as he did she posted ona friend's facebook wall that I was psycho and crazy, she didn't mentioned my name but I knew she was talking about me, ever since then, about a week ago, we have been messaging back and forth. I had never mentioned anything about a fight or meeting up untill she said: it's on next time we see each other be ready! So I replied back that even though I knew how to use guns and knives i was gonna turn my other cheek to her since I wasn't about to go to jail over her. She said she felt threatened by those words and got the police involved today. What can I expect? Should I also file a report?
Expert:  Samuel II replied 4 years ago.

hi

 

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.

 



Edited by Samuel-II on 6/3/2010 at 1:05 AM EST
Customer: replied 4 years ago.
ok, so if I make a police report, would that be of any help to me? how about the fact that it was never warned to me that it was threatfull to her? I thought it could be a crime if the messages were to continue after the report was made. Is there any point towards me if I told her i was not gonna fight her?
Expert:  Samuel II replied 4 years ago.

hi

 

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.

 

Customer: replied 4 years ago.
ok, what could be the worst case scenario? I really don't understand much about those laws.
Expert:  Samuel II replied 4 years ago.

hi

 

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.

 



Edited by Samuel-II on 6/3/2010 at 1:55 AM EST
Customer: replied 4 years ago.
This is a first offense. So would you suggest for me to get a lawyer? And this is only if im convicted of terroristic threat right? Also, I talked to a police over the phone and they said that if she filed a report but no crime has been commited yet, there's nothing else they can do only to have that file. I'm confused and I'm sorry for having so many questions.
Expert:  Samuel II replied 4 years ago.

hi

 

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.

 

 

Customer: replied 4 years ago.
ok so when am I gonna know what type of action did she take? Will the police come to my house? Will I get it over the mail? or do I have to talk to the police?
Expert:  Samuel II replied 4 years ago.

hi

 

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)

 

 

Customer: replied 4 years ago.

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?

Expert:  Samuel II replied 4 years ago.

hi

 

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.

 

 

 

Customer: replied 4 years ago.
ok thank you very much, the last question though is, in case she just filed a report but don't wanna go further, does that just go on my record and that's it? or do we still have to go to court?
Expert:  Samuel II replied 4 years ago.

hi

 

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.

 

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22506
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you very much! Have a great day and lesson learned for me!!!
Expert:  Samuel II replied 4 years ago.

hi

 

you're welcome. GL

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Samuel II
Samuel II
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Handle criminal matters in both state and federal courts.