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The short answer: In Georgia, a terroristic threat generally means threatening to commit a crime of violence, or to damage property, to terrorize another person, under O.C.G.A. § 16-11-37. It’s usually a misdemeanor, but it becomes a felony if the threat suggests the death of the person threatened. Prosecutors often build these cases from texts, social media posts, and witness statements.
Being accused of making a terroristic threat is frightening, and it often follows a heated argument or a moment you wish you could take back. You may not have meant any harm, yet you’re facing a serious charge in Columbus. You don’t have to face it alone, and your first conversation costs nothing. Tyler Moffitt brings more than 10 years of proven results to cases like yours.
In this article our Columbus criminal defense lawyers discuss:
– What counts as a terroristic threat in Georgia?
– Whether a terroristic threat is a felony.
– How prosecutors build these cases.
– Common defenses that can protect you.
– Answers to frequently asked questions.
What Counts As A Terroristic Threat In Georgia?
A terroristic threat is a threat to commit a crime of violence, or to burn or damage property, with the purpose of terrorizing another person. Georgia’s terroristic threats and acts statute, O.C.G.A. § 16-11-37, also covers threats intended to cause the evacuation of a building or serious public inconvenience.
The threat doesn’t have to be spoken in person. It can be a text, a social media comment, a voicemail, or something said to a third person. What matters is the words and the purpose behind them, which is where these cases get complicated.
Is A Terroristic Threat A Felony In Georgia?
It depends on what was said. A terroristic threat is generally punished as a misdemeanor. However, if the threat suggested the death of the person threatened, it becomes a felony punishable by a fine of up to $1, 000, imprisonment of one to five years, or both.
That single distinction can be the difference between a misdemeanor and a felony that follows you for life, affecting your job, housing, and gun rights and facing a felony charge? Contact us for a free evaluation before speaking with investigators.
How Do Prosecutors Build Terroristic Threats Cases?
Prosecutors build these cases from your own words and the individuals who heard them, gathering screenshots of texts and posts, voicemails, and statements from the accuser and any witnesses.
Tyler Moffitt understands this process from the inside. He volunteered at the Coweta Judicial Circuit District Attorney’s Office, so he knows how prosecutors read a message, decide what to charge, and prepare for trial. One point matters here: under Georgia law, no one can be convicted on the uncorroborated testimony of the party to whom the threat is communicated.
What Are Common Defenses To Terroristic Threats Charges?
The right defense depends on the facts, but a few come up often:
– Lack of intent. If your words weren’t meant to terrorize anyone, a key element of the charge is missing.
– Free speech. The First Amendment protects a lot of angry or exaggerated speech. Only a genuine “true threat” crosses the line, and that’s a heavily litigated distinction.
– Mistaken identity. Anonymous texts and accounts are easy to misattribute, and the State must prove the words came from you.
– Lack of corroboration. If the only real evidence is the accuser’s word, the case may not hold up.
Frequently Asked Questions About Terroristic Threats In Georgia
Can a text or social media post lead to a charge?
Yes. A written threat sent by text, direct message, or post can support a charge like a spoken one. Screenshots are common evidence prosecutors use.
What’s the difference between a terroristic threat and a terroristic act?
A threat involves the words themselves. A terroristic act involves conduct, such as shooting at an occupied vehicle or releasing a hazardous substance, and it carries steeper penalties.
How much does it cost to talk to a lawyer?
Your first step costs nothing. Moffitt Law offers a free, confidential evaluation where Tyler reviews your situation and explains your options with no obligation.
Talk To A Columbus Criminal Defense Lawyer
A terroristic threats charge can feel like your future is on the line, but an accusation is not a conviction. Tyler Moffitt, named a Georgia Rising Star every year from 2023 through 2026, prepares thoroughly and treats every client as a person with a future worth fighting for. Proven results, proven lawyer.
From our Columbus office at 18 9th St, we help people across Georgia protect their rights. Contact us today for a free evaluation. There’s no obligation, just honest answers and experienced guidance.
