A Hood County Navy veteran is facing a third-degree felony after deputies say he created a fake Facebook post impersonating a local political activist — a move his attorney insists was nothing more than a joke.

Hood County deputies arrested Kolton Krottinger on Nov. 5 for online impersonation and creating a page. He is out of jail on $10,000 bond.

According to a criminal complaint, on Sept. 30, the alleged victim, Tina Brown, contacted investigators about a Facebook post that others would believe she made, but she said she did not. Deputies asked to file a complaint on Oct. 6, the document said.

Brown can be seen regularly on videos giving public input at county commissioners' meetings.

At issue is a post made on "Hood County Sheepdogs," appearing as a post from Brown supporting a candidate for the Granbury Independent School Board. According to the document, the victim believed it had misled the public.

Investigators stated that Krottinger owned the page, and they linked the post to his cellphone.

Defense attorney cites First Amendment

"It's crazy that you can share a meme in the United States of America, where the First Amendment reigns supreme in our judicial system, and be thrown in jail and charged with a felony that could potentially ruin your entire life," C.J. Grisham said.

Grisham, an attorney who specializes in First Amendment cases, is representing Krottinger.

"Yeah, it was to poke fun at the two people who can't stand each other," Grisham said. "They've been very vocal against each other. And so it was kind of just to poke fun that here's someone who would never endorse someone else, essentially endorsing that person. That's the joke of it."

Felony charge carries serious weight

The criminal charge is nothing to laugh at. It is a third-degree felony. Brown, the alleged victim, did not find it funny. She told CBS News Texas she had no comment.

The Hood County Sheriff's Office sent a copy of the law as the lion's share of its statement.

"Tina is very involved in politics. She works with a lot of candidates and policy issues. And she's susceptible to the same kind of scrutiny and criticism as any other politician," Grisham said.

Veteran and community figure

Krottinger owns Hood County Breaking News on social media. The 36-year-old Navy veteran also owns a 21-acre ranch where veterans and first responders come to address their mental health needs. Gov. Greg Abbott named him an honorary admiral of the Texas Navy in January.

Krottinger was thanking a list of people on Facebook Thursday night after a Hood County judge restored his rights to use social media again.

"It feels good..really good to finally be able to post again," he said.