Generally, the criminal offense of assault is the commission of an intentional act that causes the victim to fear that harmful or offensive contact is imminent. It is important to recognize that commission of the crime does not require physical contact. Rather, the crime consists of engendering the fear of physical contact in the victim. A Texas lawyer consultation would help a person understand the variations of the crime of assault in that state.
Assault can also be a civil wrong. As a civil wrong, it gives the victim grounds to sue the perpetrator in a civil court of law for such civil remedies as compensatory damages.
Civil assault comprises threatening words also, but they must be made in combination with an action. The threatening words, together with the action, should cause the victim to experience an immediate fear of being harmed.
Can Verbal Threats Be Considered as Assault in Texas?
Most people think of assault as criminal physical conduct, e.g., shoving, punching, or some other type of harmful contact. In fact, under Texas law, a person can be charged with criminal assault even if they never had any contact whatsoever with their victim. In fact, words alone can constitute criminal assault in Texas if the words meet certain criteria. A Texas lawyer would be able to explain the crime of assault by threat in Texas.
As defined in Texas law, the crime of verbal threats assault occurs when a person intentionally or knowingly threatens another with imminent bodily injury. The perpetrator does not have to have physical contact with the victim. A threat alone is sufficient to constitute the crime, if it causes the victim to fear immediate harm.
The threat made must communicate that bodily injury to the victim is imminent. “Imminent” means that the threatened harm is about to happen; it is impending in the immediate future. Threats that are vague statements about harm that might be inflicted in the future would not meet the definition of assault by threat in Texas. The threat can be communicated orally or in writing.
Under Texas law, assault by threat can also be committed by physical actions that are threatening as well as by verbal threats. So a verbal threat made along with a raised fist would add to the imminence of the physical harm.
The legal definition of criminal assault by threat comprises 2 elements that a prosecutor must prove beyond a reasonable doubt to win a conviction. They are as follows:
- Intent: The perpetrator must make the threat “intentionally or knowingly.” This means that accidental statements or comments made without understanding their threatening nature generally would not qualify as assault by threat. The prosecution must show that the perpetrator meant to make a threat or was at least aware that their words would be perceived as threatening.
- Imminent Harm: The threat must communicate to the victim that bodily injury is imminent. Again, “imminent” means the threatened harm is about to happen. Vague threats of some potential harm in the future would probably not satisfy this requirement.
Assault by threat is a Class C misdemeanor. An individual who is convicted may be ordered to pay a fine of up to $500.
What Are Some Examples of When Acts and Circumstances Constitute Assault?
Examples of acts and circumstances that constitute criminal assault by threat would include the following:
- Raising one’s closed fist in a threatening manner, i.e., to suggest that one is prepared to deliver a blow,
- Drawing one’s finger across one’s throat so as to suggest a threat to slash the intended victim’s throat,
- Pointing an unloaded gun at a person (the use of gun, even one that is unloaded, could constitute the crime of aggravated assault),
- Pointing or brandishing some other object, e.g., a baseball bat or other wooden object, in a manner that suggests it could be used as a weapon to inflict harmful physical contact on the victim,
- Making threatening movements toward another person, e.g., approaching a person too closely in a way that violates their personal space.
These acts made along with threatening words would also meet the definition of civil assault, because they would combine verbal threats with threatening actions. So these are exactly the types of actions that could make the perpetrator civilly liable to their victim for assault.
The challenge for the victim in a civil assault lawsuit would be proving economic losses caused by the victim’s emotional trauma that can be translated into a specific dollar amount. The victim would have to experience such economic losses as medical bills for treatment of emotional distress or lost wages.
Emotional distress can be more difficult to prove than physical injury, but with records of treatment by a therapist, prescription medications, or testimony from a mental health provider, a claim for emotional distress caused by civil assault could succeed. The victim would also probably have to prove that they could perceive themselves as being at risk of physical injury because of the actions that accompanied the threatening words of the perpetrator.
A victim could also sue for the intentional infliction of emotional distress. To succeed with this claim, they would first have to prove that the perpetrator acted intentionally or recklessly. Second, the victim would have to prove that the conduct was such as to be considered extreme and outrageous.
This standard means the conduct was “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community,” as it has been expressed by a Texas court. Making credible threats of future harm has been viewed by courts as extreme and outrageous.
The victim would also have to prove that the perpetrator’s words and conduct directly caused them emotional distress and that they suffered losses as a result of it.
If an individual has been a victim of an assault, they would benefit from reporting it to local law enforcement. A police report can be used as evidence to prove the fault of the perpetrator in a civil lawsuit brought by the victim.
In addition, the victim may be able to obtain compensation from a victims’ compensation fund. The victims’ compensation fund is a Texas government program that provides compensation to victims of violent crimes for the costs of any medical treatment they need and other expenses they incur as a result of the crime, e.g., lost wages from taking time off work.
Depending on the circumstances and the nature of the verbal threat made, verbal threats can also constitute other crimes as follows:
- Terroristic Threat: As defined by the Texas Penal Code, a terroristic threat comprises making verbal threats of violence with the intent to arouse an emergency response, engender fear of serious bodily injury in a victim, or disrupt public services. The crime can be a Class B misdemeanor. Or, the crime can be a 3rd-degree felony that is punishable by 2 to 10 years in prison and/or payment of a fine of up to $10,000.
- Harassment: A person who engages in communication that is intended to harass, annoy, alarm, abuse, torment, or embarrass the victim can be guilty of the crime of harassment. A person can also commit criminal harassment by threatening another person with bodily injury, making obscene comments, or repeatedly sending someone unwanted electronic communications. A first offense is a Class B misdemeanor.
- Disorderly Conduct: Disorderly conduct, under the Texas Penal Code, is using language that is abusive, indecent, profane, or vulgar in a public place so that it incites an immediate breach of the peace. It is classified as a Class C misdemeanor. The language must cause, or be likely to cause, immediate violence or disruption of some kind.
What Are the Consequences of Verbal Assault in Texas?
The consequences of an assault by threat conviction varies depending on the exact circumstances of each criminal offense. Most cases of assault by threat are charged as a Class C misdemeanor, punishable as noted above. In addition, of course, a person would have a permanent criminal record of their conviction of assault by threat.
While someone cannot be sentenced to jail for verbal threats, a Class C misdemeanor, the permanent criminal record that would result from conviction can have negative, lifelong consequences for their employment prospects, housing, and educational opportunities.
Several factors can elevate assault by threat to more serious criminal charges as follows:
- Family Violence: If the perpetrator makes their threat against a family member, a member of their household, or a current or former dating partner, the crime may be subject to classification as family violence. This offense can result in significant additional penalties, e.g., the possible loss of gun rights under federal law.
- Threats Against Protected Classes: Threats against certain individuals, such as public servants, e.g., elected officials, security officers, emergency personnel, or pregnant individuals can raise the charge to a Class A misdemeanor or even a felony. If convicted, the perpetrator can face jail time.
- Threats Involving Weapons: If the perpetrator uses or shows a deadly weapon when making their threat, the offense is charged as an aggravated assault. Under the Texas Penal Code, this is a 2nd-degree felony that is punishable by incarceration in prison for from 2 to 20 years and/or payment of a fine of up to $10,000.
In addition, as noted above, the victim can make a civil assault claim against the perpetrator. This means that the victim could sue the perpetrator for compensatory damages in a civil court of law. The perpetrator could be liable to pay money damages to the victim to satisfy a civil judgment against them.
As noted above, words alone are not enough to give a victim a civil cause of action for assault. For a lawsuit claiming civil assault to succeed, the threatening words must be made in combination with an action which together cause the victim to experience an immediate fear of being physically harmed.
Do I Need a Lawyer for Help With Assault Issues in Texas?
If you have been the victim of assault by threat, you need to talk to a Texas personal injury lawyer. Your lawyer can analyze the facts of your case and tell you whether they give you grounds to sue the perpetrator for civil assault and get compensation for any economic losses you have suffered. Your lawyer can help you decide if you should report the assault to law enforcement.
If you have been charged with the crime of assault by threat (or any other crime associated with making verbal threats), you need to consult a Texas criminal defense attorney right away. Your lawyer can identify defenses you may have and may be able to spare you from possibly having to serve time in jail or having a costly criminal record.
