Assault & Battery Verbal Assault?

[Jason789]

A friend of mine has been charged with verbal assault. Here are a few details:


Firstly, It occurred in the state of Kansas; also, we are minors.

Secondly, the individual to whom the "threat" was directed had been
stalking us and following us in his car all night. We stopped in a public place (a park) to drop me off so I could get in my truck and go home. At this time the other party drove up out of nowhere, exited his vehicle and began to harass us. He was swinging his fists and saying he was going to "kick our ass." At this point, my friend replied if he tried to hurt us he would "shoot him in the stomach" we were not brandishing a gun of any kind. I went up to the harassing individual and told him to leave unless he wanted me to kick his a$$, and he then got in his car and left.
Anyway the kid went crying to the cops, who later found us and cited my friend for "verbal assault" the cop went as far as to say that my friend even admitted to this, which he did not. Would this matter anyway, as we had not been read our rights and any comments made to the cops at this point could not be used against us?

Thanks
jason246@usa.com

 

[Michael Wechsler]

Your friend has a good case if it goes to court if you show up. If you were in the park being dropped of to get your vehicle and they showed up after following you, then it makes sense that your friend said what he did after being stalked. Saying that he would "shoot" him was not a good idea but this could easily qualify as self-defense and, at the very least, should get the kid charged with verbal assault if he shows his face in court, which he will have to in order to prosecute the claim. In order to use the "self-defense" defense you need to prove that it was self-defense. That is where you come in stating that they stalked YOU and this was a reply AFTER being confronted. Your testimony might well be sufficient to establish the "affirmative defense" of self-defense.

Unfortunately I don't think that there is a defamation action here since, technically, the truth is that your friend uttered the words. What wasn't told was that he was being stalked. Perhaps the charge can be dismissed...