QUESTION
If I make a verbal threat during an argument, can I be arrested and charged with assault?
Asked on May 06th, 2013 on Criminal Law - Georgia
More details to this question:
Was at the Kentucky Derby at an RV park and got into a verbal altercation with the RV next to us because the people renting the RV were whistling at our wives. They were also telling them to get naked and other vulagar things, so me and my brother in law told them if they didn't stop we would take care of them (take care of them obviously implying that we would fight them). They were much younger than us, and told the police that we said what we said and we got arrested. Attempting to charge us with assault.
4 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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There has to be more to the story than what you are telling me.
Answered on May 08th, 2013 at 6:46 AM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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If this happened at the Kentucky Derby, I'm not sure how this got posted in the California forum. However, what you need to do is the same, whether you are in Kentucky or California. Contact one or two local criminal defense attorneys and make an appointment for a consultation. Most criminal defense lawyers offer free initial consultations. Hire the one you like. If you can't afford to hire one, then go to your court date and ask for the public defender.
Answered on May 07th, 2013 at 9:59 AM
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
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This doesn't happen in North Carolina so this must have occurred in another state. You are also not even guilty of communicating a threat because the threat was conditional ie 'if you don't stop' - go to trial.
Answered on May 07th, 2013 at 9:58 AM
Thomas Edward Gates
Well you were arrested, but it is unlikely you will be charged with assault. Assault 4 is any offensive touching of another. You never touched anyone and, I do not believe that a verbal "threat" meets the burden of proof.
Answered on May 07th, 2013 at 9:57 AM