In today’s workplace, tensions can sometimes run high. Disagreements, stress, and frustration may lead people to say things they don’t mean. But when words cross the line into threats of violence, they can have serious legal consequences. If you threaten a coworker—whether in person, through email, text, or social media—you can absolutely go to jail under U.S. law.
Many employees don’t realize that threatening a coworker isn’t just a violation of company policy—it’s also a potential criminal offense. Depending on what was said, how it was communicated, and how the victim perceived it, a workplace threat can lead to arrest, prosecution, and even prison time.
When a Threat Becomes a Crime
Not every angry statement is considered a criminal threat. To rise to the level of a crime, a threat must meet certain legal standards. Although laws vary from state to state, most jurisdictions require that:
1. The threat is specific and credible.
Vague or emotional statements (“You’ll regret this someday”) usually don’t qualify, but saying “I’m going to hurt you after work” or “I’ll bring a gun tomorrow” does.
2. The person making the threat intended it to be taken seriously.
If you meant to scare or intimidate your coworker, prosecutors can prove criminal intent.
3. The victim reasonably feared for their safety.
The threat must cause real fear of harm—not just annoyance or discomfort.
If those three elements are met, the statement is likely to be classified as a criminal threat (sometimes called a “terroristic threat” or “threat of violence”).
Federal and State Laws on Threatening Behavior
Both federal and state laws prohibit making threats of violence.
- Under Federal Law (18 U.S.C. § 875): It’s illegal to transmit any communication containing a threat to injure another person through interstate channels—such as email, phone calls, or social media. Convictions can result in up to 5 years in federal prison.
Under State Laws:
- In California, making a “criminal threat” (Penal Code §422) can lead to up to 3 years in prison.
- In Texas, a “terroristic threat” can range from a Class B misdemeanor (up to 180 days in jail) to a third-degree felony (up to 10 years in prison).
- In New York, “menacing” or “aggravated harassment” charges can apply, carrying up to 1 year in jail for a misdemeanor conviction.
Even if no physical violence occurs, the threat itself can be enough for criminal prosecution—especially when it takes place in the workplace.
Threats in the Workplace Are Taken Very Seriously
Workplace violence laws and policies have become much stricter in recent years, especially after incidents involving shootings or mass violence. Most employers have zero-tolerance policies for threats, intimidation, or aggressive behavior.
If you threaten a coworker, the following can happen:
- Your employer can report it to the police immediately.
- You may be suspended or terminated while the investigation is underway.
- Law enforcement may interview witnesses, review messages, or seize electronic evidence.
- You could face criminal charges, even if you claim you were joking or didn’t mean it.
Even statements made outside of work hours—such as texts, phone calls, or social media posts—can be used as evidence if they reference your workplace or coworkers.
Examples of Behavior That Can Lead to Charges
You could face jail time if you:
- Tell a coworker you’ll hurt them physically.
- Send threatening emails or texts.
- Say you’ll bring a weapon to work.
- Engage in stalking, harassment, or intimidation.
- Make “conditional threats,” like “If I get fired, I’ll make everyone pay.”
Even if you never intend to act on the threat, intent to cause fear is enough for a criminal conviction.
Possible Defenses
Defenses in these cases depend on the facts. Common arguments include:
- No intent: You didn’t mean the words as a threat or were speaking out of frustration.
- No reasonable fear: The coworker did not actually believe you would harm them.
- Free speech: The statement was protected under the First Amendment (though “true threats” are not protected).
However, these defenses can be difficult to prove, and once law enforcement gets involved, the case is often out of your hands.
Consequences Beyond Jail
Even if you avoid jail time, threatening a coworker can have long-lasting consequences:
- Permanent criminal record for assault or harassment.
- Loss of employment and professional reputation.
- Restraining orders limiting where you can go or whom you can contact.
- Loss of firearm rights in many states.
For professionals with licenses (teachers, nurses, lawyers, etc.), a criminal conviction can also lead to disciplinary action or loss of licensure.
The Bottom Line
Yes—you can go to jail for threatening a coworker. Even if no one is harmed, credible threats of violence are criminal acts under both state and federal law. Once made, such threats can’t be taken back or dismissed as “just a joke.”
The safest approach? Don’t let anger control your words. If workplace tensions are running high, walk away or speak to HR instead of lashing out. What feels like a heated moment can quickly turn into a criminal investigation—and potentially, a jail sentence.
Our dedicated team gathers information from all the reliable sources to make the law accessible and understandable for everyone. We provide the latest legal news stories from across the country, delivered straight to you.