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I was really drunk and said "I can imagine why people stab…

Customer Question
Hi I was really...

Hi I was really drunk and said "I can imagine why people stab other people, because of what people do like you did to me" to my ex that stole our company after splitting. Everyone knows I can't even kill a bug.

Lawyer's Assistant: In what state did this occur?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

No but she said she knows I can't kill and was drunk. I told her I never knew it was illegal to say stuff like that. She said okay don't do it again.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I feel like she is using it and waiting to put me in jail. She failed at our agreement for providing me food after taking our business.

Submitted: 6 months ago.Category: Criminal Law
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Customer reply replied 6 months ago
I also found a message I sent myself stating it was a way to expedite the case of theft of partnership to a judge. We have been talking ever since kindly from the date this happened on the 23rd.
Customer reply replied 6 months ago
I also might of said it would be fun to stab her new bf in the stomach. I didn't say I was going to though.
Answered in 4 hours by:
11/7/2017
Criminal Lawyer: James Daloisio, Lawyer replied 6 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 443
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

You are on the edge of a criminal offense. The crime of "Terroristic Threats" in Texas is defined in Section 22.07 of the Texas Penal Code. Here is the text of that section:

(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.

Note that you have to make a threat to commit an offense involving violence with the intent to place any person in fear of imminent serious bodily injury. Your words would have to be interpreted to mean that you intended them to create fear based upon the likelihood of the violent act occurring soon. So even if your ex knows you can't even kill a bug, the fact that you actually make a threat is all that is needed. However, the words you used aren't a direct threat at all; they would have to be interpreted in a round about way to make that conclusion.

Also note that there is a separate crime of Assault by Threat, Texas Penal Code Section 22.01(a)(2), which says a person is guilty of assault who "intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse;"

Your comment about her boyfriend is a little closer to a direct threat but again would require some interpretation. And there are other questions of law involved not the least of which is whether your ingestion of alcohol reached the point where you were unable to form a specific intent to do anything. Voluntary intoxication is not a defense to a crime in Texas but if you were to be convicted, then at sentencing you could allege that your voluntary intoxication rendered you temporarily insane at the time of the act. But in your case I doubt you'd ever get that far because your statements were too equivocal and it appears that your ex was not placed in fear at all.

Not sure about this message that you sent about "a way to expedite the case...." Do you mean that you said that stabbing her was a way to expedite the case? I hope no one saw it. Law enforcement will usually take the position that the more you talk about something, the more likely it is that you will do it.

Last thoughts on this case: I am presuming that this was a private conversation between the two of you. As such there were no independent witnesses and it probably was not recorded, so in the end it is your word against hers, and that's the kind of case that is very difficult to prosecute. My best advice is to stop talking about it completely. If the two of you are involved in adversarial litigation over your business, it's a good idea for you to just assume that every conversation you have with her is being recorded.

Hope that helped. If so a positive rating here would be appreciated. You could always return afterward with follow up questions. And thank you for using Just Answer.

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Customer reply replied 6 months ago
I would never harm anyone. I just said what I said to see a judge a lot sooner than 2 years. Completely empty threat when I was drunk after consuming 12 beers when I haven't drank beforehand in 5 months. I was also food deprived for 3 days so I wasn't thinking. I was simply trying to bypass the 2 year waiting period in the dumbest way possible because I lost everything and wasn't thinking about the results of getting arrested in the first place.
Customer reply replied 6 months ago
Also you are right, she was in no fear because everyone that knows me knows I can even kill a roach or a spider. She stated in text she knew that it wasn't real and that she wouldn't report it because it would ruin my life, after I told her it was an accident after being drunk. We than began being business partners again until now. When she fell short on her deal supplying food for my share of the inc o me of the business. Someone told me to get a lawyer so I did and told her I did, but sooner after gave up my holdings in the company in an email. Mainly because I think she might re address the drunken texting to smite me.
Criminal Lawyer: James Daloisio, Lawyer replied 6 months ago

Hello again,

Please understand that the offenses I've referred to are speech based offenses that are complete after the statements have been made with the requisite intent. No one is going to analyze whether or not you are the type of person to actually carry out the threat. If you utter the words with the intent to place a person in fear of imminent bodily injury, the crime is complete. What you have going for you in your case is that, as noted, your words were equivocal; you may have meant them as a threat, and you may have just been rambling. The fact that the conversation continued on a more or less friendly basis after the statements were made is indicative that you did not mean them as threats.

But I still recommend not to talk about it any more. Try to keep your business dealings separate from these conversations.

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Customer reply replied 6 months ago
Thank you! We have stopped talking to eachother since I messaged you except if it is business related. She will be stopping by to pick up her belongings Friday so I think I will have a friend here to witness any engagements. I am going to give you a 5 star rating. Very professional!
Criminal Lawyer: James Daloisio, Lawyer replied 6 months ago

Thank you. About the only thing I could add to the previous comments would be to remember the old adage, "Get it in writing." And you're wise to have a witness for any one on one interactions. Good luck.

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