While a text message, social media post or offhand comment at school may not seem serious, it could lead to serious legal consequences for your child. When this happens, being familiar with the juvenile justice process can help you understand your defense options and relieve the anxiety that comes with navigating the system.
How is a terroristic threat defined?
Under Texas law, a person commits the offense by threatening violence to a person or property with the intent to:
- Cause a response from emergency services
- Place a substantial group of the public in fear of serious bodily injury
- Interrupt the use of a public building, workplace or place of assembly
- Disrupt public communications, transportation or utilities
- Influence the conduct or activities of a branch or agency of the federal government, the state or a political subdivision of the state
The charge can range from a Class B misdemeanor to a third-degree felony. Threats targeting public servants or those that affect a large group tend to carry more severe classifications.
Which steps are involved in the juvenile justice process?
When your child, who is at least 10 but under 17 years old, faces a terroristic threat charge in Texas, the case typically enters the juvenile justice system. It usually begins with a juvenile intake, where a probation officer reviews the offense report and interviews your child and you as the parent or guardian.
This step determines whether the state will file a petition for adjudication or if alternative measures can resolve the case. If the case advances, it proceeds to an adjudication hearing. Juvenile courts do not issue “guilty” or “not guilty” verdicts. Instead, the judge or jury renders a finding of “True” or “Not True” regarding the allegations of delinquent conduct.
When the state elevates a charge to a felony and your child is at least 15 years old (the statutory minimum for a felony terroristic threat), prosecutors may, in rare cases, seek to certify them as an adult.
What legal defense strategies are available?
A terroristic threat charge does not automatically lead to an adjudication. Every case presents its own set of facts, which is why a tailored defense strategy can make a difference.
A common approach involves examining the full context of the alleged threat. Many juvenile cases stem from impulsive statements, jokes taken out of context or peer pressure. Your defense counsel may also argue that the statement was vague or clearly hyperbolic, which can help demonstrate that your child lacked the necessary intent to constitute a true threat.
Diversion programs and deferred prosecution agreements can also play an important role in your case. These alternatives may allow your child to complete community service or counseling in exchange for having the case dismissed.