Verbal Threats and Criminal Charges in Georgia: What the Law Says

Words can carry criminal consequences in Georgia. Depending on what was said, the context, and who was on the receiving end, a verbal threat can result in charges ranging from a misdemeanor to a serious felony. Whether the situation involved a heated argument that escalated, a statement taken out of context, or something else entirely, you need to understand the legal landscape before deciding your next move. Our criminal defense lawyer can help guide you.

Georgia has specific statutes addressing threatening language, and prosecutors regularly use them. Here’s a closer look at those laws, the penalties they carry, and the defenses available to you.

Is threatening someone illegal in Georgia?

Yes, it can be. While not every angry comment or heated argument rises to the level of a crime, Georgia law draws a clear line between protected speech and criminal conduct.

Two statutes are most commonly used to prosecute verbal threats in Georgia: the terroristic threats law under O.C.G.A. § 16-11-37 and the simple assault statute under O.C.G.A. § 16-5-20. Each one addresses threatening language differently, and the charges you face depend on what was said, how it was said, and the circumstances surrounding it.

If you’re dealing with a verbal threat charge, Moffitt Law offers a free evaluation to help you understand where your case stands and what options are on the table.

How Georgia defines terroristic threats

Don’t let the word “terroristic” mislead you. This charge doesn’t require any connection to terrorism as most people think of it. Under O.C.G.A. § 16-11-37, a person commits the offense of a terroristic threat when they threaten to commit any crime of violence or to burn or damage property to terrorize another person, causing the evacuation of a building or public facility, causing serious public inconvenience, or in reckless disregard of the risk of causing such terror or inconvenience.

What does that mean in practical terms? If you threaten to harm someone with the intent to terrorize them physically, you could face this charge. The key elements are the threat of a crime of violence and the purpose behind it.

Importantly, Georgia law provides that no person shall be convicted of a terroristic threat on the uncorroborated testimony of the party to whom the threat was communicated. This means the prosecution needs additional evidence beyond just the word of the person who received the threat.

Simple assault by threat

Georgia’s simple assault law provides another avenue for prosecuting verbal threats. Under O.C.G.A. § 16-5-20, a person commits simple assault when they commit an act that places another in reasonable apprehension of immediately receiving a violent injury.

This is broader than it sounds. A verbal threat, when combined with circumstances that cause the other person to genuinely fear immediate physical harm, can meet this standard. The focus here is on whether the other person’s fear was reasonable given the situation. A threat shouted during a face-to-face confrontation carries a different weight than an offhand remark made from a distance.

When a verbal threat crosses the line

Not every harsh word or angry statement is a crime. The First Amendment protects a wide range of speech, including speech that’s rude, offensive, or even disturbing. What it doesn’t protect are “true threats,” meaning statements that convey a serious intent to commit violence against another person.

Georgia courts look at context when deciding whether a verbal threat crosses that line. Factors that matter include:

– Whether the threat was specific (naming a person, describing an act of violence).

– Whether the speaker had the apparent ability to carry out the threat.

– Whether the person receiving the threat reasonably believed it was genuine.

– Whether the statement was made in the heat of an argument or as a calculated, deliberate communication.

A vague expression of frustration typically won’t meet the threshold. A direct, specific threat of harm, especially when accompanied by aggressive behavior or a weapon, almost certainly will.

Penalties for verbal threat charges in Georgia

The consequences depend on which charge is brought and the specific circumstances.

A terroristic threat conviction is generally punished as a misdemeanor. However, if the threat suggested the death of the threatened individual, the offense becomes a felony punishable by a fine of up to $1,000, imprisonment of one to five years, or both.

Penalties increase significantly when there is a threat to retaliate against or intimidate witnesses, judges, attorneys, or other officers of the court. In those cases, a conviction can carry a fine of at least $50,000, imprisonment of five to 20 years, or both.

For simple assault, the standard penalty is a misdemeanor. But aggravating factors can elevate the punishment. If the simple assault is committed between past or present spouses, parents of the same child, or other individuals living or formerly living in the same household, the defendant faces a misdemeanor of a high and aggravated nature. The same elevated penalty applies to assaults against pregnant women, public school employees, and utility workers.

The stakes are serious. If you’re facing any of these charges, getting experienced legal counsel early makes a difference. Reach out to Moffitt Law to talk through your situation.

Verbal threats and domestic violence

Verbal threats between family or household members introduce an additional layer of legal consequences. Under Georgia’s Family Violence Act (O.C.G.A. § 19-13-1), “family violence” includes the commission of simple assault between past or present spouses, parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other individuals living or formerly living in the same household.

This means a verbal threat that qualifies as simple assault can trigger family violence proceedings, protective orders, and enhanced sentencing. A family violence designation on your record can also affect custody arrangements, firearms rights, and future background checks.

Defenses to verbal threat charges

Being charged doesn’t mean being convicted. Strong defenses exist for verbal threat cases, including:

– Lack of intent: Terroristic threats require a purpose to terrorize. If the statement wasn’t intended to cause fear, this element isn’t met.

– Context and circumstances: Sarcasm, jokes, or obvious exaggeration may not constitute true threats when considered in context.

– No reasonable apprehension: For simple assault charges, the prosecution must prove the other person’s fear of immediate harm was reasonable.

– Insufficient corroboration: Georgia law requires more than just the testimony of the person who received the threat to convict on a terroristic threat charge.

– Provocation: While not a complete defense, Georgia law recognizes that opprobrious or abusive language by the other party can be relevant in assault cases.

Every case is different, and the strength of any defense depends on the specific facts. That’s why having an attorney who understands Georgia criminal law matters.

Talk to a Georgia criminal defense attorney

A verbal threat charge can follow you for years, affecting employment opportunities, housing applications, personal relationships, and long-term plans. Facing it without representation puts you at a serious disadvantage.

Tyler Moffitt spent time inside the district attorney’s office before building a career on the defense side, giving him a prosecutor’s perspective on how these cases are constructed and how they can be taken apart. With more than a decade of defending clients in courts across Georgia and recognition as a Georgia Rising Star from 2023 through 2026, Tyler brings both preparation and tenacity to every case. Moffitt Law has offices in LaGrange, Carrollton, and Columbus and provides the direct, honest representation that makes a real difference when your future is at stake.

Get started with a free evaluation from Moffitt Law. Your consultation is completely confidential, and there’s no pressure to commit. Proven results, proven lawyer. Contact us today!