State v. A.K.; Cause Nos. 2339*** & 2339***; County Court 16; Harris County, Texas

Defense of Charge: Terroristic Threat of a Family Member

Case Result: Successfully argued no probable cause on both criminal cases and both cases were dismissed.

My client was charged with Terroristic Threat of a Family Member and Theft of Property >$750 < $2,500.

In addition to the above charges, my client did not show up to court on the first setting and warrants were issued on both cases for failure to appear in court. Once my client was arrested, charged, and bonded out, she was required to appear in court and did not. This complicated matters even more than being charged with two criminal cases.

In Texas, Terroristic Threat is defined under Texas Penal Code § 22.07(a)(2), which states that a person commits the offense of terroristic threat if he or she threatens to commit any offense involving violence to any person with intent to place that person in fear of imminent serious bodily injury.

This allegation is an offense under this section is a Class B misdemeanor.

Class B misdemeanors in Texas are punishable by up to 180 days in jail and up to a $2,000 fine.

However, if this allegation relates to a person’s family or household or otherwise constitutes family violence, the charge can be filed as a Class A misdemeanor, which is what happened here.

Class A misdemeanors in Texas are punishable by up to a year in jail and up to $4,000 fine.

My client was also charged with Theft of Property >$750 < $2,500, which is a class misdemeanor.

The facts of this case vary depending on who you talk to. Officers were dispatched to a disturbance at a residence for a possible burglary in progress. Upon arrival, officers met with the complainant who they believed to be reliable and credible. The complainant told officers that my client had broken into her home and stole her cell phone. The complainant explained to officers that she was in a dating relationship with my client but had recently broken up.

Police were advised that my client arrived at the house and was told to leave. My client left, but returned a short time later and entered the complainant’s property through the back gate. Officers were told that my client began banging on the house and threatening the complainant.

Police located my client and conducted a search. The complainant’s iPhone was located in my client’s vehicle.

I was able to successfully argue that there were not enough facts to link this case to a theft or a terroristic threat. There could have been several scenarios where a partner in a dating relationship has possession of the other partner’s phone.

Thankfully, the judge agreed with my argument and found no probable cause for the Theft.

Next, I had to fight the Terroristic Threat case. I argued that there were not enough articulable facts for a terroristic threat. My client was merely inviting the complainant to a mutual combat fight.

Again, the judge agreed and found no probable cause for the Terroristic Threat.

After the cases were dismissed, my client hired me to file an expunction to clear her record. An expunction is an instrument used to destroy records and stop allegations from following people throughout their life. It is an essential tool in helping clear a defendant’s record after a case is dismissed, no billed or the defendant is found not guilty.

I am very pleased to say that I was able to get both misdemeanors dismissed and erase her record. If you have a case that you need to talk about, contact my office as soon as possible for a Texas criminal assault charge defense consultation.

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