In life, you will never regret your silence. Choose your words and tone of voice carefully when you speak to people. There are things you can never unsay. And while some people may forgive a verbal assault, they will never forget it. And in some states, the law will never forgive or forget a verbal or digital threat of violence. So, you may be wondering, is verbal assault a crime?
You don’t have to physically assault someone to be charged with verbal assault in Texas and several other states. Whether you touch a person is not the point, and should not be viewed as a loophole to verbally harass someone. Lose control of yourself, emotions, and your mouth, and you can be charged with verbal assault. This is illegal in some states. And you could be imprisoned, charged with a hefty fine, or both.
Understanding Verbal Assault
The laws regarding verbal assault are very specific. Someone childishly calling you names or insulting you is not a verbal attack. While unpleasant to endure, this would not be a crime.
Laws can vary from state to state. For example in the state of Texas, the act is illegal as per title 5, section 22.01 of Texas’ penal code. When you verbally, intentionally, and knowingly threaten someone with imminent bodily harm, including strangers, coworkers, relatives, or significant others or spouses, you are committing verbal assault.
And there are different categories of it you can be charged with. All is non-physical, so you don’t have to actually touch someone to be charged with it. It can be legally interpreted as a threat and an assaultive act in many states, including Texas.
For this type of assault to occur, there needs to be a verbal threat of physical violence made against someone. More specifically, there needs to be a threat to harm a body.
There are several ways in which someone can make such a threat.
The Forms of Verbal Assault
For one, verbally threatening to kill someone is verbal assault. Verbally threatening to punch, kick, or harm someone is another. Shouting in a threatening manner could be enough for charges to stick.
Furthermore, the same is true for threatening someone with violence online, over the phone, via third-person, or any other electronic form.
Finally, it also can be a pantomime of someone acting in a suggestively violent way against another. Just physically gesturing that you will assault someone without actually touching them can be legally interpreted as verbal assault.
And the law does not recognize sarcasm or “joking around” when it comes to verbal assault. “Joking around” is no defense if someone feels so threatened that they call the police. You can still be criminally charged.
If you or someone you know has been charged with it, then the legal consequences if convicted can be dire.
The Consequences of Verbal Assault
The consequences of verbal assault can be quite serious.
For example, according to Texas state laws, verbal assault can come with serious consequences. There are several different penalties you could face for an assault charge. All of them could be life-changing.
A verbal threat is a Class C misdemeanor. This charge can result in a fine of $500. However, some assaults do not fall under the Class C umbrella.
If the threat causes the individual to imminently fear for their personal safety, the result could be a Class B misdemeanor. If you are convicted of this type of assault, you could spend up to 180 days in jail. Additionally, you could receive a fine of as much as $2,000.
If someone verbally assaults an individual that has a restraining order against them, then the stakes are even higher. The offender could be guilty of a Class A misdemeanor. That conviction could result in one year in jail and a $4,000 fine.
Dealing with the Charges
If you are charged with verbal assault, get a lawyer right away.
Criminal charges don’t need to ruin your future. With the help of a lawyer, you could be able to beat the charges. Then, you can move on in your life without a criminal record holding you back. The stakes are high, and you should do what you can to fight a bad outcome.
If someone accuses you of verbal assault, you need professional legal representation. It can be difficult to understand the laws regarding it. By working with an attorney, you can learn more about the laws and your potential criminal consequences.
There are also disorderly conduct laws that could protect you from a verbal assault. For instance, using vulgar language in a public place could result in a disorderly conduct charge.
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James Hendrickson is an internet entrepreneur, blogging junky, hunter and personal finance geek. When he’s not lurking in coffee shops in Portland, Oregon, you’ll find him in the Pacific Northwest’s great outdoors. James has a masters degree in Sociology from the University of Maryland at College Park and a Bachelors degree on Sociology from Earlham College. He loves individual stocks, bonds and precious metals.