A heated argument, an angry text message, or a social media post written in the moment can lead to an arrest warrant for terroristic threats. Words alone, with no physical contact, can bring a criminal charge in Georgia, and sometimes a felony. Whether your case is in Fulton, Cobb, DeKalb, Gwinnett, Clayton, or Henry County, a terroristic threats charge deserves a serious response from the very beginning.

What is a terroristic threat under Georgia law?

Under O.C.G.A. § 16-11-37(b), you commit the offense of a terroristic threat when you threaten to commit any crime of violence, to release a hazardous substance, or to burn or damage property. The threat does not have to be carried out, and the State does not have to prove you had any ability or plan to follow through.

What turns a statement into a crime is its purpose. The threat must be made with the purpose of terrorizing another person, with the purpose of causing the evacuation of a building, place of assembly, or public transportation facility, with the purpose of otherwise causing serious public inconvenience, or in reckless disregard of the risk of causing that terror, evacuation, or inconvenience.

What does the State have to prove?

For a terroristic threats conviction, the prosecutor must prove beyond a reasonable doubt that:

• You communicated a threat to commit a crime of violence, release a hazardous substance, or burn or damage property;
• You made the threat with the purpose of terrorizing someone or causing an evacuation or serious public inconvenience, or with reckless disregard of that risk; and
• The testimony of the person who received the threat is corroborated by other evidence.

That last element is one of the most important protections in the statute. O.C.G.A. § 16-11-37(b)(3) says no one can be convicted on the uncorroborated testimony of the person to whom the threat was communicated. In other words, the accuser’s word alone is not enough. The State needs something more, such as a text message, a voicemail, a recording, a witness, or other evidence that backs up the accusation.

What are the penalties for terroristic threats in Georgia?

The penalty depends on what the threat suggested and why it was made:

• Most terroristic threats are misdemeanors under O.C.G.A. § 16-11-37(d)(1), punishable by up to 12 months in jail and a fine of up to $1,000.
• If the threat suggested the death of the threatened person, the charge becomes a felony punishable by one to five years in prison, a fine of up to $1,000, or both.
• If a threat or act is made to retaliate against or intimidate a witness, attorney, judge, court officer, probation officer, or someone reporting a crime to law enforcement, O.C.G.A. § 16-11-37(e) raises the punishment to five to 20 years in prison and a fine of at least $50,000.

A felony conviction can also cost you your gun rights and affect jobs, licenses, and immigration status. Bond conditions in these cases often include no contact with the accuser, which can keep you out of your own home or away from your children while the case is pending. When a felony-level threat is directed at a family or household member, it can also be treated as family violence under O.C.G.A. § 19-13-1.

Are you guilty just because you said something angry?

Not necessarily. Georgia law focuses on the purpose behind the words and the surrounding circumstances. Being angry is not by itself a defense, and a threat made during an argument can still be prosecuted. But the context of the statement, how it was communicated, and what everyone understood it to mean all matter.

The First Amendment also plays a role. In Counterman v. Colorado (2023), the United States Supreme Court held that a person can be prosecuted for a threatening statement only if the State shows at least that the speaker consciously disregarded a substantial risk that the words would be seen as threatening violence.

What defenses can you raise?

Every case turns on its facts, but common defense issues include:

• Lack of corroboration. If the case rests only on the accuser’s account, the statute does not allow a conviction.
• No true threat. The words may have been a conditional statement, a figure of speech, or a remark that was taken out of context.
• No purpose to terrorize. The State must prove purpose or reckless disregard, not just that someone felt upset.
• Identity and authorship. Texts, emails, and social media messages can come from shared phones, hacked accounts, or fake profiles. The State must prove you are the person who sent them.
• Credibility and motive. Terroristic threats accusations sometimes arise during custody disputes, divorces, and breakups, when an accuser may have a reason to exaggerate.

What common misconceptions should you avoid?

Many people believe that if the alleged victim wants to drop the charges, the case is over. In Georgia, the prosecutor decides whether a case moves forward, not the accuser. Reaching out to the accuser to explain or apologize can violate your bond conditions and may even be charged as a separate offense.

The most important step you can take is to stop talking about the case and speak with a defense lawyer before you give any statement to police.

Why does experienced defense counsel matter?

These cases are often built on screenshots, partial conversations, and one person’s version of a tense moment. A careful defense looks at the full message history, the metadata, and whether the State can meet the corroboration requirement at all.

Scott Smith is a former Fulton County and Cobb County prosecutor who has spent his career in Georgia courtrooms. Our firm defends clients throughout metro Atlanta, including Fulton, Cobb, DeKalb, Gwinnett, Clayton, and Henry Counties, and across Georgia.

If you have been charged with terroristic threats or another serious offense, schedule your free consultation with W. Scott Smith, P.C. Call (404) 581-0999 today.