Assault & Battery Uttering threats leads to assault.

[Dimensions]

Can uttering threats be considered assault? (ie)I'll get my gun and shoot you) and if the person issuing the threat gets assaulted himself by the person he threated for fear of death or grievous bodily harm, but used a weapon(golf club) to do so(provoked assault?); and now the person threatening is pressing charges. The circumstances were extremely heated (two stabbings earlier, not by the person giving the threat but he came with the stabbers.)

Alcohol may or may not have been a factor.

 

[Dimensions]

bump.............

 

[raskalnikov]

Can uttering threats be considered assault?

Yes, if the victim believes them as would the common person.

Battery is actually the physical part.

 

[CdwJava]

Can uttering threats be considered assault? (ie)I'll get my gun and shoot you)

If your state considers words as assault, I suppose. I am not familiar with any state's laws that consider threats an "assault", per se, but in many instances the threat can be a crime in and of itself.

and if the person issuing the threat gets assaulted himself by the person he threated for fear of death or grievous bodily harm, but used a weapon(golf club) to do so(provoked assault?); and now the person threatening is pressing charges. The circumstances were extremely heated (two stabbings earlier, not by the person giving the threat but he came with the stabbers.)

"Self defense" is an affirmative defense that may be offered at trial. Whether this is sufficient to justify a self defense claim or not will depend on the laws in your un-named state and the details. The attacker would have to be able to justify a reasonable belief that attack was imminent and that it was necessary for him to strike back with the object in order to prevent harm from coming to himself.

Alcohol may or may not have been a factor.

Alcohol may play a HUGE factor in this. Was either party inebriated?

- Carl

 

[raskalnikov]

There's a big difference between "I'll get my gun and shoot you" vs. "Now I'm going to shoot you" while pointing a gun. . .

It is a forum with a bunch of people you'll never meet. Might as well give the true evidence and what really happened vs. hypotheticals.

 

[CdwJava]

And, of course, knowing the state would help.

- Carl

 

[raskalnikov]

True about the State.

One of my favorite posts is one where the person was in Canada. . . didn't mention it until quite a few responses. . .

 

[CdwJava]

Different countries REALLY changes things!

- Carl

 

[Dimensions]

This was in sask. Canada.. i figured since it asked it would show it somewhere but guess not. I was entirely truthful when I said that the guys said"i'll get my gun and shoot you".

 

[Dimensions]

"Self defense" is an affirmative defense that may be offered at trial. Whether this is sufficient to justify a self defense claim or not will depend on the laws in your un-named state and the details. The attacker would have to be able to justify a reasonable belief that attack was imminent and that it was necessary for him to strike back with the object in order to prevent harm from coming to himself.

Or defense of others? "others" is not defined in the Canadian Criminal Code.

Also the person making the threats was on his way to his car; where the weapon was apparently.

 

[CdwJava]

Unfortunately, there are too many differences in some instances between the laws of Canada and the United States. Canadian law tends to be much more forgiving on violent acts.

Maybe there will be others who have knowledge of Canadian law who can help out.

- Carl

 

[dee_dub]

Canadian here, but not a criminal lawyer. I was actually on the verge of making a joke about Saskatchewan...

The threat is probably not an assault under s.265 of the Criminal Code. A threat can be an assault if the threatener has the present means to carry it out. Since he didn't have the gun in his possession, he didn't have the means.

The threat may be an offence under s.264.1 of the Code (threats to cause bodily harm or death).

Whether or not the threat was an offence, it may have given the threatened person grounds for self-defence if they reasonably believed they were in danger. What Carl said above is essentially true. I would add that the force used in self-defence must have been proportionate to the threat. (If you fear for your life, hitting someone with a golf club doesn't strike me as disproportionate, but what do I know.)

 

[Dimensions]

thanks