Can You Be Charged with Assault for Threatening Someone Verbally?

Verbal threats can carry significant legal consequences, particularly if they involve the use of controlling or aggressive language. The law takes such threats seriously, especially in situations where there is an imbalance of power, such as when an adult threatens a child or a superior in a work environment. This article will explore the legal implications and potential charges related to verbal threats, focusing on the specific scenarios and conditions under which an individual can be charged with assault.

Legal Definitions and Scenarios

Threatening someone verbally, particularly in situations involving minors or subordinates, can result in legal action. If an adult uses verbal threats to assert control over a child or a subordinate in a work setting, these threats can be considered as kidnapping or holding someone hostage without the actual act. It is crucial to document such incidents and seek help from appropriate authorities, such as lawyers, law enforcement, or parents.

Use of Weapons in Verbal Threats

Even without the actual use of a weapon, the presence of an object that could be perceived as a weapon, such as a crowbar, can add to the severity of the threat. For example, if someone says, "I'm gonna kick your ass," and a crowbar is present, the potential consequences would be much worse than just verbal threats alone.

Legal Protection and Civil Remedies

Threatening another person with violence can lead to criminal charges, but in some cases, a civil remedy in the form of a restraining order may be sought. A restraining order is a legally binding no-contact order that becomes a criminal offense if violated. If an individual is merely verbally threatening someone without any action, it may not be considered assault. For example, if someone says, "I'm going to kick your ass" without any physical action, it would not constitute an assault.

Assault and Criminal Threats

Assault can occur with or without physical contact. If an individual threatens to cause bodily harm and demonstrates the ability to carry out the threat, they can be charged with assault. Words alone may not be enough to constitute assault, but the fear instilled in the recipient of the threat may lead to a restraining order, which is a civil remedy. Violating a restraining order carries criminal penalties.

Rigorous Legal Standards

The credibility of the threat is a crucial factor. For example, a 5-year-old threatening a preschool teacher is generally not taken seriously. However, an adult threatening another person by screaming abuse and advancing in a threatening manner, without any physical contact, can be considered assault. Physical touch during the threat would elevate it to battery, a more serious offense.

Strategic Risk Management

Choose your words carefully to avoid legal consequences. Any statement that implies you will get someone else to carry out the threat, such as "I will get this person to show up," should be used cautiously. Saying, "I will kick your ass," or making similar threats can result in legal action if it is later proven to be a serious and credible threat.

Protecting Yourself

To safeguard against legal consequences, avoid any form of written communication that could be used as evidence. If you must communicate, do so over the phone or in person, and be prepared to deny any claims of threatening behavior. Always be ready to present your side of the story, as providing a plausible explanation can mitigate the potential impact of any accusations.

In conclusion, verbal threats, especially when they involve the use of objects or actions that could be perceived as weapon-like, can result in serious legal charges, including assault. It is essential to be mindful of the legal repercussions and to take appropriate steps to protect yourself and others from such threats.