Threat Against Judge.

Yes, a threat against a federal judge can be prosecuted without the threat having to be carried out. Just as there are various ways for a statement to take the shape of a threat, there are various means by which these threats can be carried out. This is one of the key reasons that analyzing the statement’s context, wording, audience, and circumstances is so important. It is also why we begin our analysis by examining these facts before moving on to assess the potential implications of criminal charges. As with all matters, the specific application of federal and state law is often dependent upon the particular facts at hand. For example, a terroristic threat against a judge in Texas is a state jail felony, while retaliation against a judge under Texas Penal Code § 36.06 is generally a third-degree felony. Under Texas law, threatening a judge in retaliation is punishable by: - A term of two to ten years of imprisonment; and

• A fine of up to $10,000. While this specific statute doesn’t require prosecutors to prove that there was an actual intention to execute the threatened act, there are other offenses that can be used to charge the act of threatening a judge. For instance, under Texas law, an offense in the form of a threat can trigger a separate prosecution for retaliation, assault, stalking, intimidation, or any other associated crime. If you believe that you or your client may be at risk of facing criminal charges in Texas, we encourage you to reach out to Spodek Law Group right away. As we explain on our FAQ page, Spodek Law Group handles federal and state criminal investigations. We help individuals and companies that are facing criminal exposure. This begins with an initial, confidential discussion. We will gather the facts of your case and conduct a preliminary analysis, and we can then explain in detail what you need to do next. Our attorneys are available 24 hours a day, 7 days a week. We take this approach because we know how time-sensitive and important these matters are. We believe that the best way to handle these investigations is to get to work immediately.

Which Judge-Related Speech is Protected, and Which Conduct Can Cross Into a Criminal Threat?

The law considers threats to be a broad category, encompassing more than just a few specific types of behavior or communication. Threats against judges can be made by mail, in writing, through social media or other forms of online communication, by telephone, or even in person. This means that just about any communication method can potentially be used to communicate a threat. Is it a crime to call a judge names or to insult them?

The sources cited above do not establish that insulting a judge is alone a crime. However, there is a clear legal distinction between a protected insult and a criminal true threat or act of intimidation. Insults can be a starting point for threats that cross the line into criminal activity, and we often use our experience to assist clients in demonstrating that their speech was protected. This includes:

• Swatting, The act of swatting is when an individual makes a false report of an emergency or a crime that results in the deployment of law enforcement officers (including an emergency response team, or “swat” team) to a judge’s or target’s home.
• Doxing, Doxing, as mentioned previously, is the act of publicly releasing personal information in order to encourage others to harass, threaten, or attack the subject of that information.
• Direct Threats of Violence, Involving judges, direct threats of violence can carry the risk of federal prosecution. Just as we discussed previously, however, the exact circumstances are critical, and any individual at risk of facing criminal charges should rely on experienced defense counsel to protect themselves. A threat involving a judge can also take the form of harassment or a public denouncement. The specific penalties that apply to these various actions depend heavily upon the laws that are at play. Often, the difference between civil liability and potential criminal exposure comes down to how a federal court or state court interprets the conduct involved and the wording of the statement made. At Spodek Law Group, we focus on taking a thorough approach to our analysis.

When Does Federal Jurisdiction Cover a Threat Aimed at a State Judge?

As an example of federal charges being brought in response to a judge’s received threat, one federal case filed in New Jersey involved threats against a federal judge by phone call. This New Jersey case involved a federal judge and focused on threats to assault and murder. The charge carried a maximum of ten years’ imprisonment and a fine of $250,000. This federal criminal case highlights the potential risks that you or your client could face if threatened language crosses state lines. With this in mind, we strongly encourage all individuals and companies that are at risk of facing federal criminal charges to contact our attorneys at Spodek Law Group as soon as possible. As with many cases, the exact statute involved may not be stated by the government, or the statute itself may be stated as having multiple applications. Federal law does apply to threats against state judges in some circumstances, and the exact statute that is triggered could be a number of different ones. We can help you to ensure that you take the most informed legal approach.

When is a Threat to a Judge Considered a Crime in Texas?

When will a threat to a judge trigger criminal consequences in Texas?

As a general rule, Texas prosecutors charge individuals for targeting judge’s lives and livelihoods in all cases, even when the acts themselves are not actually carried out. They rely on the provision that allows them to prosecute individuals who make the mere threat of taking a judge’s life or attacking their livelihood. Thus, threats against judges in Texas can carry criminal liability on their own. For example, they can be charged as:

• Acts of terrorism (criminal felony)
• Assault (criminal misdemeanor or felony)
• Stalking (criminal misdemeanor or felony)
• Retaliation (criminal misdemeanor or felony)
• Intimidation (criminal misdemeanor or felony)
• The threatened act itself (criminal misdemeanor or felony)

What Do Judicial-Security Investigators Assess When a Threat Reaches a Judge or Family?

The U.S. Marshals Service is tasked with protecting federal judges, jurors, federal proceedings, judiciary personnel, and other individuals who have been granted judicial protection. As a law enforcement agency, it also investigates crimes targeting the protected individuals, including those that are not violent.

• U.S. Marshals Service data: 224 serious threats against federal judges in FY 2021
• U.S. Marshals Service data: 630 threats to federal judges in FY 2023
• U.S. Marshals Service Report (2021): 68 cases where federal prosecutors had been targeted in the line of duty, while the number increased to 155 cases by 2023.

A threat doesn’t need to reach a judge within a courtroom. While threats are frequently made within judges’ chambers and courtrooms, they can target the homes and families of judges, as well. Many of these cases focus on judges’ lives and property, but nonviolent threats can trigger investigations as well.

Some of these threats may focus on nonviolent harassment, and some may focus on violence, property damage, and other criminal activity. These are similar to other threats targeting federal judges and other officials. Just as threats targeting other public officials can be escalated and carry a range of consequences depending on the wording used and the context of the case, threats made against judges’ families or within judges’ homes or chambers can potentially provoke a violent reaction as well. This is why investigators often take a proactive approach to these threats. Federal and state law enforcement agents look to protect the lives and property of the targeted individuals, as well as any associated persons, and they do so by pursuing the most effective action in each situation.

Speak With a Federal Defense Lawyer

If you are dealing with any part of what this article describes, the next step is a conversation with a lawyer who handles these cases. Spodek Law Group is a second generation criminal defense firm practicing since 1976, representing clients nationwide from offices in New York, Brooklyn, Queens and Los Angeles. Call 888 348 8028 to speak with our team.