Virginia Beach, VA asked in Domestic Violence for Virginia

Q: Is an oral statement to cause the death of another person considered a misdemeanor or felony however unintended?

This statement is made mostly in the heat of a disagreement by person 1 and assumed to be unfulfilled. It also an additional statement made by a person with disabilities who is triggered by an assumed "normal" person who claims to have no mental disabilities. In other words it's a he said - she said situation because of a disagreement.

Related Topics:
2 Lawyer Answers
Mr. Andrew T. Bodoh Esq.
Mr. Andrew T. Bodoh Esq.
Answered
  • Richmond, VA
  • Licensed in Virginia

A: Typically, a verbal threat alone is not enough to constitute criminal conduct, but there are exceptions. For instance, threatening to kill the President is a crime.

Steve Miyares agrees with this answer

1 user found this answer helpful

Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: I agree with the answer. As a general rule mere threatening words without some step in furtherance of the threat is not a crime. However, there are exceptions to the general rule. For example, threats made over the telephone or via other electronic methods of communication are a crime in Virginia. If you are concerned about your particular communication, you should consult privately with a criminal defense lawyer in your local jurisdiction about the specific facts and circumstances of your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.