Legal Question in Criminal Law in Florida

Re: Verbal threats over phone

Hello:

I just read your question. I have to say initially, I like your approach to this...even with a sense of humor. Basically, if you feel physically threatened by someone, you have a right to defend yourself. It doesn't matter if you throw the first punch! I would, as you mention, try to avoid the physical confrontation. The threatening phone calls help your case of self defense. You should save any threatening messages or have a witness listen in to one of those msgs.

'Hope this helps. If you need any assistance in North Fla., give us a call. Tom Rosenblum

Re: Verbal threats over phone

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Verbal threats are not enough if you do not honestly feel that there is any real intention for this guy to follow through. In order for a punch from you to be considered self defense, you must have either been hit first and be defending yourself, or be in serious fear that the man would follow through on his threats that you felt your safety was truly threatened. It is not a black and white area of the law and you should avoid an altercation if at all possible.

You may wish to consider applying for an injunction against this man which is also called a stay away order. The threats may be enough to justify the entry of th order and if he violates the order, than you can call the police and he can be arrested.

Scott R. Jay, Esq.